AI in Freelance Contracts: How to Write an AI Use Clause

More clients now include questions about AI tools in their briefs or contracts. Some want to forbid them entirely; others are fine with AI-assisted work but worried about their confidential data being pasted into a third-party tool, or about whether AI-generated material can be owned and protected in the same way as human-made work.

Addressing AI in your own contract, before the client raises it, shows you've thought about it and avoids an awkward conversation mid-project.

1. Whether AI tools may be used, and for what: research, first drafts, image generation, code suggestions.
2. Disclosure: whether you will tell the client when a deliverable includes AI-generated material.
3. Confidentiality: that client confidential information won't be entered into tools that may use it for training or share it with third parties.
4. Human review: that you review and edit everything you deliver and remain responsible for it.
5. Ownership caveats: that rights in purely AI-generated elements may be limited, depending on the law where you or the client are.

The AI use clause page has example wording for each variant.

Permitted with safeguards:
"Contractor may use AI-assisted tools in preparing the deliverables. Contractor will not input Client's Confidential Information into any tool that retains or uses it for training, will review and edit all output, and remains responsible for the deliverables as if created without such tools."

Prohibited on request:
"Contractor will not use generative AI tools to create any part of the deliverables without Client's prior written consent."

Pick one per client; don't sign a ban you can't realistically comply with given your normal tools.

AI use touches several parts of a contract:

• Confidentiality: what counts as confidential and how it's handled.
• IP transfer: what you're transferring, and the limits for AI-generated elements.
• Third-party assets: AI-generated images or code may carry tool-specific licence terms.
• Warranty disclaimer: what you do and don't guarantee about originality.

The legal landscape here is still developing and differs by country, so keep the clause simple and honest about what you actually do.

Read the definition carefully. "No AI-generated content" is different from "no AI tools of any kind", which could arguably include spell checkers and search. Ask for a narrower wording that matches the concern, for example "no generative AI output in final deliverables and no confidential data in AI tools". The contract red flags checker can help spot overly broad clauses.

A content writer uses AI tools for research summaries and outlines, but writes all final copy themselves. Their contract says AI-assisted tools may be used for research and planning, that no client confidential information goes into tools that retain data, and that final text is written and reviewed by the writer.

When a client asks, the writer can answer in one line: "I use AI tools to speed up research and outlines. The final copy is written and edited by me, and your internal documents never go into those tools." Because it's already in the contract, the answer matches what the client signed.

A designer who uses image generation for mood boards might write the same kind of rule: "AI-generated images may be used in internal concept boards only and will not appear in final deliverables unless Client approves in writing."

• Saying nothing and hoping it never comes up. Clients increasingly ask, and discovering it later damages trust more than disclosing it up front.
• Pasting client documents into tools without checking how the tool stores or uses them.
• Promising full ownership of everything when some elements may be AI-generated and their protection is uncertain.
• Signing a blanket ban you can't follow because it covers the ordinary tools you use every day.
• Overcomplicating the clause. A few clear sentences about what you do are better than a page of hypotheticals.

Do I have to disclose AI use? It depends on your contract and the client's expectations. Agreeing a rule in writing removes the guesswork.

Can I charge less for AI-assisted work? You price the outcome and your responsibility for it, not the tools. Faster tools don't change the value of the result.

Who owns AI-assisted work? The rules vary by country and are still evolving. This is general information, not legal advice; for high-value work, get local advice.

Draft it now with Clinch: describe the job in a sentence, get a clean draft, send one link. Your client signs from their phone without an account, and the deposit is paid in the same step.