You source a strong candidate, the client interviews them, goes quiet, and three months later you find out they hired your candidate without telling you and have no intention of paying your fee. For freelance recruiters, the contract is the only thing standing between the placements you make and the fees you actually collect. It defines your fee, when it is owed, how long your introduction is protected, and what happens if the hire does not work out.
Here is what belongs in a freelance recruiter contract, with the clauses that decide whether you get paid.
What a freelance recruiter contract should include
Whether you work contingency, retained, or on a flat fee, the structure below holds. The fee model changes. The protections do not.
Parties and scope of services
Name both sides with full legal names and business details, then define what you are actually doing. State whether you are sourcing candidates, screening them, managing the interview process, or running the search end to end. Note the roles you are recruiting for and the seniority. The clearer the scope, the harder it is for a client to expand the search without expanding your fee.
Fee structure
This is the section that defines how you get paid, and recruitment has its own models. Be explicit about which one applies:
Contingency: you are paid only when a candidate you introduced is hired, usually a percentage of the candidate's first-year base salary (commonly 15 to 25 percent).
Retained: the client pays in stages, often a portion upfront, a portion at shortlist, and the balance on placement.
Flat fee: a fixed amount per hire, regardless of salary.
State exactly how the fee is calculated, and define the salary it is based on. Make clear whether your percentage applies to base salary only or total compensation including bonus, because that distinction can change your fee meaningfully.
Payment terms and trigger
Define the event that makes your fee due and the deadline to pay it. The standard trigger is the candidate's start date or signed offer, with payment due within a set window after that, commonly net 14 or net 30. Add a late fee on overdue invoices so a client cannot sit on your placement fee for months. State that the fee is owed regardless of how the hire performs, separate from any guarantee terms below.
Candidate introduction and ownership
This is the clause that protects the work you actually do. State that any candidate you introduce belongs to your introduction for a defined period, and that if the client hires that person, directly or through another route, your fee is owed. Define what counts as an introduction (a submitted CV, a name put forward in writing) and set a window, often 6 to 12 months, during which a hire of your candidate triggers the fee. Without this, a client can sidestep you by hiring your candidate quietly.
Key clauses for recruiters specifically
These are the clauses where recruitment contracts differ from generic freelance agreements, and where the disputes actually happen.
The guarantee or replacement period
Clients want protection if a placement leaves quickly, and offering a guarantee makes you easier to hire. State what happens if the hire leaves or is terminated within a set period after starting, commonly 30 to 90 days. The usual remedy is a free replacement search instead of a cash refund, or a partial refund on a sliding scale tied to how soon they left. Define the conditions clearly: a guarantee normally does not apply if the client made the person redundant or changed the role.
Exclusivity
Spell out whether the client is working with you exclusively for a role or running other recruiters in parallel. On a retained or exclusive search, state that you are the sole recruiter for that role for the agreed period. On contingency, it is usually non-exclusive, which means you only get paid if your candidate is the one hired, so your introduction-ownership clause matters even more.
If you want the agreement signed and your terms locked before you submit a single CV, FileCurrent has contract templates with a legally binding e-signature built in, so you send the agreement and the invoice from one place instead of emailing a PDF and chasing a separate payment.
Confidentiality and data handling
Recruitment runs on sensitive information: client hiring plans, salary bands, and candidate personal data. Include a confidentiality clause covering the client's internal information, and note how you handle candidate data in line with privacy rules. If you are sharing candidate details, both sides should agree on how that data is stored and used.
Liability
State that you source and present candidates in good faith but that the hiring decision, and the verification of a candidate's right to work and references, rests with the client. This keeps you from being held responsible for a hire that the client chose and onboarded.
Common mistakes in recruiter contracts
No introduction-ownership window. Without it, a client can hire your candidate weeks later and claim they found them elsewhere. Always define what an introduction is and how long it is protected.
Vague fee basis. "20 percent of salary" is not enough. State whether it is base or total compensation, and what salary figure the percentage uses.
No guarantee terms in writing. If you offer a replacement period, define exactly when it applies and what the remedy is, so a client cannot demand a full cash refund you never agreed to.
No payment trigger or deadline. Tie the fee to a clear event (start date or signed offer) and a payment window, with a late fee, so placements do not sit unpaid.
Frequently asked questions
How do freelance recruiters typically charge?
The three common models are contingency (a percentage of the candidate's first-year salary, usually 15 to 25 percent, paid only on a successful hire), retained (paid in stages across the search), and flat fee (a fixed amount per placement). State which model applies and how the fee is calculated in the contract.
What is a guarantee period in a recruitment contract?
It is a window after the hire starts, commonly 30 to 90 days, during which you offer a remedy if the placement leaves or is let go. The standard remedy is a free replacement search or a partial refund on a sliding scale, not an automatic full cash refund. Define the conditions, since it usually does not apply to redundancies.
How long is a recruiter's candidate introduction protected?
Most contracts set an ownership window of 6 to 12 months, during which a client who hires a candidate you introduced owes your fee, even if they hire them later or through another channel. Define what counts as an introduction so the window is enforceable.
When is a recruiter's placement fee due?
The standard trigger is the candidate's start date or signed offer, with payment due within a set period after, commonly net 14 or net 30. Put the trigger and the deadline in the contract, and add a late fee so the fee is not left unpaid.
Do I need a contract for freelance recruitment work?
Yes. Your entire income depends on getting paid for placements, and the introduction-ownership and fee clauses are what make that enforceable. A written agreement covering scope, fee, payment trigger, guarantee, and candidate ownership protects you on every search.
If you want to send this agreement and invoice your placement fees without switching between tools, FileCurrent has contract templates built in with a legally binding e-signature, plus invoicing in the same place. $15/month or $129/year. 7-day free trial, no card required.