If your VA leaves or isn't performing, your Customer Success Manager coordinates a replacement at no cost. Managed plans include free replacements, forever.
Quick answer: A virtual assistant contract template should cover the parties, the VA's independent contractor status, scope of work, hours, pay and invoicing, equipment, confidentiality, data access, ownership of the work, term and notice, non-solicitation, and governing law. The sample below gives plain-English wording for each clause, with [placeholders] you fill in. If you hire through an agency such as Stellar Staff, most of these terms are covered by the agency agreement instead, so the clauses to read closely are notice, billing, and replacements.
In our sales calls, buyers who chose a month-to-month provider still want written confirmation of how they can cancel. This guide gives you a template for a freelance VA you hire directly and a checklist for reading an agency's agreement.
This is general information, not legal advice. Contract, employment, and tax rules vary by state and by country, so have an attorney review any agreement before you sign or send it.
What should a virtual assistant contract include?
A virtual assistant contract should answer five questions: who does the work and in what legal capacity, what work is included, how the VA gets paid, who owns the work and how business information is protected, and how either side ends the arrangement. Fourteen clauses cover those questions for a direct freelance hire. The ones that cause the most trouble when they're missing are scope, data access, ownership, and notice. Vague scope leads to arguments over extra tasks. Loose access rules leave your passwords in someone else's notes. Missing ownership language can leave the copyright in work you paid for with the person who created it. Unclear notice can turn a two-week exit into another month of fees. When you hire through a staffing agency, your contract is with the agency instead. The table shows how each clause applies to freelancers and agencies.
| Clause | Why it matters | Freelancer contract | Agency agreement |
|---|---|---|---|
| Parties and status | Who is responsible | You and the VA; contractor status | You and the agency |
| Scope | Stops disputes over extra tasks | Task list and approval limits | Role description; you direct daily work |
| Hours | Time zone overlap | Availability window | Plan hours |
| Fees and payment | What you pay and when | Rate, invoice schedule | Monthly fee, billing date, setup fees |
| Confidentiality and data | Protects customer data | Confidentiality and access rules | Agency terms plus your access rules |
| Intellectual property | Who owns the work | Work made for hire plus assignment | Ask how work product is assigned |
| Term and notice | How fast you can exit | Notice days for each side | Minimum term, notice, renewal |
| Replacements | Covers a hire who leaves | None; you rehire yourself | Cost, limits, and process in writing |
| Non-solicitation | Limits hiring people away | Narrow, if any | Buyout or conversion fee |
| Governing law | Where disputes go | Your state, mediation | Often the agency's state |
Is your virtual assistant an independent contractor or an employee?
The contract can say "independent contractor," but the label doesn't settle it. The IRS looks at the whole relationship in three categories: behavioral control, financial control, and the relationship of the parties. It also says it "is not required to follow a contract stating that the worker is an independent contractor." How you actually work together decides. A VA who chooses their own methods, uses their own equipment, sends invoices, and takes other clients looks like a contractor. A VA you schedule hour by hour and treat like staff looks more like an employee, whatever the paperwork says. So write the contract around results and deadlines, not step-by-step methods. If the VA lives abroad, their country's rules apply too. Our guide on how to hire a virtual assistant covers classification basics.
Federal wage law uses its own test, and the U.S. Department of Labor's rule keeps changing:
- A 2024 final rule under the Fair Labor Standards Act took effect March 11, 2024.
- On May 1, 2025, Field Assistance Bulletin 2025-1 said the DOL would stop applying that rule in its investigations, though it remains in effect for private lawsuits.
- On February 26, 2026, the DOL proposed rescinding the 2024 rule and returning to an analysis similar to its 2021 rule. Comments closed April 28, 2026.
- On October 21, 2026, the DOL's rulemaking page still described it as a proposal.
Sample virtual assistant contract: a clause-by-clause template
Below is a virtual assistant contract sample for hiring a freelance VA directly. Copy it into a document, replace every [bracketed placeholder], delete what doesn't apply, and have an attorney review it before anyone signs. It's written from the client's side, so it favors clear scope, written approvals, and a clean exit for both parties. It isn't a virtual assistant employment contract. If the VA will be your employee, you need an employment agreement that fits your state's rules and your payroll setup. Keep it short. In our sales calls, buyers often mention 25-page agreements they signed and never fully read. A few pages both sides understand work better and cost less to review. Put the detailed task list in an attached Exhibit A so you can update it without rewriting the agreement.
Virtual Assistant Services Agreement
- Parties and effective date. "This Agreement is made on [Date] between [Client Business Name], [Address] ("Client"), and [Contractor Full Name], [City, Country] ("Contractor")."
- Independent contractor status. "Contractor is an independent contractor, not an employee or agent of Client. Contractor decides how to perform the services, provides their own equipment, and pays their own taxes. Contractor may work for other clients if that work doesn't conflict with this Agreement."
- Scope of services. "Contractor will provide the services in Exhibit A, including [inbox management, scheduling, and CRM updates]. Other work requires Client's written approval. Contractor will not [send payments or sign documents] for Client without written authorization."
- Hours and availability. "Contractor will be available about [number] hours per week, overlapping [time zone] business hours for at least [number] hours, will reply within [number] business hours during that window, and will give [number] days' notice of time off."
- Fees and payment. "Client will pay [$ amount] per [hour/month]. Contractor will invoice [every two weeks] listing hours and tasks. Client will pay approved invoices within [number] days by [payment method]."
- Expenses and equipment. "Contractor provides their own computer, headset, and internet [and a backup connection]. Client reimburses only expenses approved in writing in advance and provides licenses for the software in Exhibit A."
- Confidentiality. "Contractor will keep Client's business information, customer data, and financial records confidential during this Agreement and for [number] years after, and will use them only to perform the services."
- Data security and access. "Contractor will use the individual accounts Client provides, turn on multifactor authentication, keep passwords only in Client's password manager, never move Client data to personal email or storage, and report any suspected security incident within [number] hours."
- Intellectual property. "All work product Contractor creates for Client is a work made for hire to the extent the law allows. Contractor assigns to Client all rights, including copyright, in any work product that is not a work made for hire, [upon creation/upon payment]."
- Term and notice. "This Agreement starts on [Start Date] and continues month to month. Either party may end it with [number] days' written notice by email, or immediately for a material breach. Client pays for services performed through the last working day."
- Return of materials and handoff. "When this Agreement ends, Contractor will delete all Client data within [number] days and confirm it in writing, hand over open tasks with a status note, and transfer every login created for Client's business."
- Non-solicitation. "For [number] months after this Agreement ends, Contractor will not ask Client's employees or customers that Contractor worked with to leave Client."
- Disputes and governing law. "The laws of the State of [State] govern this Agreement. The parties will try good-faith discussion for [number] days, then [mediation/arbitration] in [City, State], held online if either party is outside the United States."
- Entire agreement and signatures. "This Agreement and its exhibits are the entire agreement. Changes must be in writing and signed by both parties. Electronic signatures count as originals. Client: [Name, Title, Signature, Date]. Contractor: [Name, Signature, Date]."
Before the first payment, ask a U.S. contractor for Form W-9 and a contractor abroad for Form W-8BEN. If the VA will see patient data, add a business associate agreement; our HIPAA-compliant virtual assistant guide lists its clauses.
Who owns the work your VA creates under the contract?
Without the right wording, the person who creates a work generally owns its copyright, even if you paid for it. Federal law gives you two routes to ownership. The first is a work made for hire. Under 17 U.S.C. 101, that covers an employee's work within the scope of their job, plus certain commissioned works. Under 17 U.S.C. 201(b), the employer or the person the work was prepared for "is considered the author" and owns the copyright unless both sides agree otherwise in a signed writing. The second route is an assignment, which 17 U.S.C. 204(a) says isn't valid unless it's in writing and signed by the owner or their agent. A freelance VA isn't your employee, so a good contract uses both routes.
The U.S. Copyright Office's Circular 30 says a commissioned work is a work made for hire only if it falls into one of nine categories, such as a translation, a compilation, or an instructional text, and both parties sign a written agreement that expressly calls it a work made for hire. Everyday VA output like email templates or slide decks may not fit, which is why clause 9 adds an assignment.
Do virtual assistant agencies require long-term contracts?
Some do and some don't. Virtual assistant contracts range from month-to-month plans you can cancel with a few weeks' notice to 6- or 12-month minimums with early-termination fees, and some renew automatically unless you cancel inside a narrow window. In our sales calls, many buyers say a past lock-in is why they now insist on month to month. That term should mean you can leave after any billing period by giving the stated notice, with no exit fee. Read the exact words, though. "Month to month after an initial 90-day term" is a three-month commitment. Notice that takes effect "at the end of the following billing cycle" can mean paying for close to two more months after you decide to leave. Ask the provider to state in writing the last date you would pay for if you gave notice today.
How much notice should you have to give to cancel a virtual assistant?
For a direct freelance hire, two to four weeks of notice from either side usually allows time to hand off the work. Set the same period for the VA and tie it to clause 11. With an agency, ask when notice starts and whether it runs past a billing date.
Are 6- and 12-month VA contracts cheaper?
Sometimes the monthly rate is lower. The catch is the exit cost. Ask what you would owe if the hire failed in month two, and compare that figure instead.
What happens if the VA isn't working out days after you're billed?
It depends on three terms: when you're billed, whether a partial final period is prorated, and what replacement terms apply. Buyers in our sales calls ask a version of the same question: if I'm invoiced on the first and know by the third that it isn't working, do I pay for the whole month? If an agency bills monthly in advance, the answer sits in the cancellation and replacement wording, not on the pricing page. Before you sign, get three answers in writing. Is a mid-cycle cancellation prorated or billed in full? Is a replacement free, and is there a limit on how many or how soon? Do you pay for the days between one VA leaving and the next starting? With a freelancer, the simplest protection is paying in arrears every week or two, so you never prepay for work that hasn't happened.
Buyers who have lived through a failed hire usually care more about the gap than the money, because weeks without help cost more than a partial month's fee. Our guide to VA pricing packages covers other fees to check.
Can an agency stop you from hiring your VA directly or using another company?
It can limit the first, and the second is usually up to you. Staffing agreements often include a non-solicit clause: if you hire the VA directly, or through another provider, during the agreement or for a set period after it, you owe a conversion or buyout fee. Agencies include it because they paid to recruit the person. The clause is fair when it's stated up front with a fixed fee or clear formula and a reasonable time limit. It's a problem when the fee is left blank, appears only after you've met candidates, or runs for years. A clause that bars you from using any other agency or freelancer, even for unrelated work, is worth pushing back on. Ask how the fee is calculated, how long it lasts, and whether it covers candidates you interviewed but didn't hire.
In your own freelance contract, keep the non-solicit narrow, as clause 12 does, and don't bar the VA from other clients. State rules on these clauses vary, so ask your attorney to check yours.
Can you enforce a VA contract against an overseas freelancer?
On paper, yes. In practice, it's slow and expensive. Enforcing a contract against a freelancer in another country usually means filing a case where they live, or winning in a U.S. court and then asking a court there to recognize the judgment. For most VA disputes, the amount at stake is smaller than the legal bill. So treat the contract as a clear record of what both sides agreed to, and set up the work so a breach does little damage. Pay in arrears. Keep accounts, files, and domains in your business's name. Give each person an individual login, with access you can revoke in minutes, rather than sharing passwords. If you hired through a marketplace, its dispute process may be your most practical remedy, so read those terms before moving payments off the platform. Our comparison of Upwork vs Fiverr for a virtual assistant explains how each handles disputes.
What should you check in an agency agreement before you sign?
When you hire through an agency, you sign with the agency, and most contractor clauses in the template become the agency's side of the arrangement. The main terms to review are price, notice, billing, replacements, non-solicitation, confidentiality, and ownership of the work. You still need your own Exhibit A, because you decide what the VA works on each day, and your own access rules, because the VA logs in to your systems. In our sales calls, buyers who had a bad experience rarely complained about the monthly price. They complained about what it cost to leave. So read those sections of any virtual assistant agreement first, ask the provider to clarify vague terms by email, and send it to your attorney. Our ranking of the best virtual assistant companies covers the leading agencies, and the Stellar Staff alternatives page covers other providers.
| Red flag | What it can cost you | Ask for instead |
|---|---|---|
| 6- or 12-month minimum | Months of fees after a failed hire | Month to month, or a written exit fee |
| Automatic renewal | A new term if you miss a short window | Renewal only by written agreement |
| Notice tied to the next billing cycle | Close to two extra months of fees | A fixed number of days from your notice |
| Fees shared after you see candidates | Costs you didn't budget for | Every fee listed before the search |
| Replacements "at our discretion" | Paying again, or weeks without help | Cost, limits, and process in writing |
| Buyout fee left blank | A surprise bill to keep your VA | A stated fee and time limit |
| No assignment of work product | Losing rights to work you paid for | Work made for hire plus assignment |
At Stellar Staff, plans are month to month with no long-term contract, and you can cancel with 14 days' notice. Pro is $1,999 a month and Executive is $2,999 a month, both full-time at 160 hours a month. Stellar handles recruiting, payroll, HR, tracking, and replacements, and replacements are free, forever, on managed plans. You interview 2 to 3 finalists and pick one, and the search takes 5 to 10 business days. You direct the hire's daily work, so your scope list and access rules still apply.
Contract questions owners ask before hiring a VA
Is there a free virtual assistant contract template I can use?
Yes. The 14-clause sample above is a free virtual assistant contract template for a direct freelance hire. Fill in every placeholder, attach an Exhibit A with tasks, tools, and approval limits, and delete clauses that don't fit. Have an attorney review the final version before anyone signs.
How do I turn this sample into a virtual assistant contract PDF?
Paste the clauses into Google Docs or Word, replace the placeholders, attach Exhibit A, and export the file as a PDF. Send it through an e-signature tool so both parties sign the same version, and store the signed copy with the VA's tax form.
Do I need a virtual assistant employment contract or a contractor agreement?
That depends on how you'll work together, not on what you call it. If you set the schedule, supply the equipment, and direct how each task is done, the relationship may look like employment under IRS and DOL tests. A contractor agreement fits a VA who controls their methods and invoices you.
What should the scope section of a contract for virtual assistant work say?
List the recurring tasks, the tools, and the decisions the VA can't make without you, such as sending payments. A good virtual assistant contract example names tasks plainly, like "process supplier invoices in QuickBooks," rather than "provide administrative support." Keep the list in an exhibit so you can update it as the role grows.
Do virtual assistant agencies require long-term contracts?
Some require 6- or 12-month minimums, and others work month to month. Stellar Staff plans are month to month with no long-term contract, and you can cancel with 14 days' notice. With any provider, get the notice period, billing date, and replacement terms in writing before you sign.
Should a lawyer review virtual assistant contracts?
Yes, especially the first time you use a template or sign an agency agreement. An attorney can check the contractor language against your state's rules, confirm the ownership clause holds up, and flag notice or non-solicit terms that go further than they need to.
Get the exit terms in writing before the first invoice
Use the template for a direct freelance hire and the red flags table for any agency agreement. Either way, notice, billing, and replacements are the terms that cost money when a hire doesn't work out, so confirm them in writing before you pay anything.
A VA isn't right for every role. If the work has to happen on-site, hire locally. If you have only a few hours a week, a freelancer or hourly service costs less, and Stellar Staff places full-time hires only. If a task must stay with a licensed professional, or you don't have time to direct someone each day, wait. If you have steady full-time work to hand off, compare plans on our pricing page or start a search on our hiring page.
Sources checked October 21, 2026. This article is general information, not legal or tax advice; have an attorney review any contract before you sign it. Stellar Staff pricing is current as of October 2026.