Subcontracting clause for freelancers
A subcontracting clause: when a freelancer can use subcontractors, confidentiality flow-down, and who stays responsible.
Subcontracting clause: copy and adapt
The Provider may engage subcontractors to perform parts of the services, provided they are bound by confidentiality and IP terms no less protective than this agreement. The Provider remains responsible for their work and for paying them.
When to use it
When you work with other freelancers, or want the freedom to scale a project without asking permission for every helper.
Variants by trade
Client approval
The Provider will not subcontract any part of the services without the Client's prior written consent, which will not be unreasonably withheld.
Named team
The services will be performed by [named people]; replacements require the Client's approval.
Frequently asked questions
Can a freelancer subcontract work?
Unless the contract forbids it, usually yes, but clients expect to be told. This clause makes it explicit.
Who is liable for the subcontractor's work?
You are, to the client. Protect yourself with a subcontractor agreement of your own.
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These clauses are general templates, not legal advice. Laws vary by country and state; for high-value or unusual deals, have a lawyer review your contract.