A Handshake Is Not a Contract. Here’s What You Actually Need.

Disclaimer: This article is for general information only. It is not legal advice. For contracts specific to your business, always consult a qualified solicitor.

‘We had a deal.’

‘That’s not what I agreed to.’

‘I’m not paying for that.’

Every small business owner hears one of these eventually. And when you do, the question is always the same: what can you actually do about it?

If you have a written agreement, the answer is: quite a lot. If you don’t, you’re relying on memory, goodwill, and hoping the other person remembers things the way you do.

Contracts are not about distrust. They’re about clarity.

Why sole traders avoid contracts

Most one-person businesses operate on trust and goodwill — and rightly so. You build relationships. You know your clients. Things usually work out.

The problem isn’t your good clients. It’s the one in twenty who disputes the scope. Or refuses to pay. Or decides after the fact that what you delivered wasn’t what they wanted.

That one client — the one you didn’t imagine when you were busy — is who the contract is for.

Many sole traders avoid them because they feel formal, or because they worry it will put clients off. In practice, a clear, friendly written agreement does the opposite. It signals professionalism. It builds confidence. It protects both sides.

What a basic service agreement should include

You don’t need a lawyer to draft a starting point. Here are the essentials:

1. What you’re providing

A clear description of the service. Not vague — specific. If you’re a photographer, ‘two hours of coverage and 50 edited images’ is a contract. ‘Wedding photography’ is not.

For trades, this means scope of work, materials included, and what is explicitly not included.

2. When you’re providing it

Date(s) of delivery. Timeline for completion. For ongoing services, how many sessions or visits are included, and over what period.

3. What it costs and when you expect payment

The total price. Whether a deposit is required (and how much). When the balance is due. What happens if payment is late.

A simple late payment clause — ‘invoices unpaid after 14 days will incur a 3% monthly charge’ — is standard in commercial agreements and legally enforceable.

4. Cancellation terms

What happens if the client cancels with short notice? What happens if you have to cancel? Be specific. ‘Less than 48 hours’ notice forfeits the deposit’ is clear. ‘Short notice may incur charges’ is not.

5. Revisions and changes

For any service where the client might change their mind mid-project — a decorator, a web designer, a florist — be clear about how many rounds of changes are included and what additional changes cost.

6. What happens if there’s a dispute

A simple clause stating that any disputes will first be addressed directly between the parties, and that English law applies, is enough for most sole trader agreements.

For creative businesses: a note on intellectual property

If you’re a photographer, graphic designer, illustrator, or any creative professional, be specific about IP ownership. Does the client own the work outright once they’ve paid? Do you retain reproduction rights? Can you use the images in your portfolio?

This is one of the most commonly disputed areas in creative services. Three sentences in a contract save months of frustration.

Free resources to get started

You don’t need to write from scratch:

  • GOV.UK has guidance on written terms and conditions for businesses (search ‘business contracts GOV.UK’).
  • Lawbite (lawbite.co.uk) offers affordable legal document templates for small businesses.
  • Your trade association or professional body often provides template agreements specific to your industry.

Start with a template, customise it for your business, and have a solicitor review it if the stakes are high. The investment — often under £200 for a basic review — pays for itself the first time a client challenges something.

How to introduce it without it feeling awkward

The secret is in the framing. Don’t say ‘I need you to sign a contract.’ Say: ‘I’ll send over a quick summary of what we’ve agreed so we’re both on the same page.’

Most clients are relieved. It tells them you’re professional, organised, and serious about delivering what you’ve promised.

The ones who resist a written agreement are often the ones you didn’t want as clients anyway.

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