Master Service Agreement
MSASet the master terms that govern an ongoing commercial relationship across future work.
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Statutes, model forms, and commentary cited for each agreement type below.
Master Service Agreement (MSA): A master service agreement establishes the overarching legal framework for an ongoing customer and service-provider relationship: liability, intellectual property, confidentiality, payment mechanics, warranties, indemnity, termination, and dispute resolution. Future projects then attach as statements of work or order forms without renegotiating the full boilerplate each time.
Statement of Work (SOW): A statement of work is the project-specific companion to an MSA. It defines scope of work, deliverables, acceptance criteria, milestones, timeline, fees, and responsibilities for a single engagement so commercial details stay clear while the MSA holds the standing legal terms.
Services Agreement (SA): A services agreement (professional services contract) sets the commercial and legal terms for delivering consulting, creative, technical, or other business services in a single engagement: scope, fees, timelines, IP ownership, confidentiality, warranties, and termination when a full MSA and SOW stack is not needed.
Order Form (OF): An order form (sometimes called a work order or ordering document) sits under an MSA to lock SKUs, quantities, pricing, subscription terms, start dates, and commercial options for a purchase. It speeds SaaS and services sales by keeping product and price details out of the master legal terms.
Sources: Nolo: Master service agreements and related work orders
Pilot Agreement (Pilot): A pilot agreement (proof-of-concept or evaluation agreement) covers a time-boxed trial of a product or service before a full MSA or subscription. Typical terms include pilot scope, success criteria, limited licenses, data use, confidentiality, fees or fee waivers, and conversion to a production contract.
Sources: Nolo: Framework contracting for multi-phase engagements
Purchase Agreement (Purchase): A purchase agreement records a sale of goods or assets: what is being sold, the price, closing mechanics, representations, and when title and risk transfer. Use it when an LOI has done its job and the parties are ready to make the transaction binding.
Sources: Cornell LII: Sale; Uniform Law Commission: Uniform Commercial Code
Consulting Agreement (Consulting): A consulting agreement is a services contract written for advisors: scope, fees, independence from employment, confidentiality, and who owns the advice or work product. Use it instead of a generic services agreement when the engagement is advisory rather than a full project stack.
Sources: FAR Part 37: Service Contracting (Acquisition.gov); IRS: Independent contractor or employee?
Vendor Agreement (Vendor): A vendor agreement is the standing paper for procurement: what is supplied, pricing, delivery, warranties, and how either side can end the relationship. Use it for recurring vendor onboarding instead of rewriting a services agreement each time.
Sources: Cornell LII: Contract; FAR Part 12: Acquisition of Commercial Products (Acquisition.gov)
SaaS Subscription Agreement (SaaS): A SaaS subscription agreement grants access to hosted software: subscription fees, authorized users, acceptable use, data handling, and renewal. Use it when you are selling or buying cloud software rather than a perpetual license or a services MSA.
Sources: Cornell LII: Contract; NIST: Cloud computing synopsis (SP 800-146)
Construction Agreement (Construction): A construction agreement for an owner and a contractor: scope, price, schedule, changes, warranties, and insurance. It is not a new-home or remodeling contract.
Sources: FAR Part 36: Construction and architect-engineer contracts
Residential Construction Agreement (Residential Construction): A new-home construction agreement covering plans, price, allowances, financing, substantial completion, and warranties. Local rules, including Maine home-construction requirements, stay identifiable.
Sources: Maine Attorney General: Home construction and repair
Home Improvement Agreement (Home Improvement): A home improvement agreement for work on a house that already exists: scope, exclusions, occupied-home access, hidden conditions, and cancellation.
Construction Subcontract (Subcontract): A subcontract for a construction trade. It incorporates the parts of the prime contract that apply to that trade. It is not a generic independent contractor agreement.
Sources: SBA: Limitations on subcontracting
Referral Agreement (Referral): A referral agreement covers which introductions count, how commission is calculated, and when it is paid. The referring party does not have authority to bind the business.
Reseller Agreement (Reseller): A reseller agreement covers territory, pricing, who contracts with the customer, and support. Resale is not a referral and not an agency.
Distribution Agreement (Distribution): A distribution agreement for ongoing sales of goods: territory, purchase orders, delivery, inventory, and what happens to stock when the deal ends.
Service Level Agreement (SLA): A service level agreement attaches to an MSA or subscription. It separates response targets from resolution, and it defines how credits are calculated and capped.
Video Production Agreement (Video Production): A video production agreement covers the shoot, deliverables, who owns footage, usage rights, and what happens if the date is cancelled or moved.
Art Commission Agreement (Art Commission): An art commission agreement covers the brief, revisions, and delivery. Ownership of the physical piece is stated separately from copyright assignment or a license.
Sources: U.S. Copyright Office: Visual arts
Design Services Agreement (Design): A design services agreement covers graphic design, UX, logos, and other digital work. It separates concepts, final files, source files, and tools the designer already owned.
Photography Agreement (Photography): A photography agreement covers the shoot, hours, fee, and delivery. The client's license to use the images is separate from the photographer's permission to publish them.
Sources: U.S. Copyright Office: Photographs
Brand Collaboration Agreement (Brand Collaboration): A brand collaboration agreement separates making the content, posting it, and letting the brand run ads. It does not promise views or sales.
Sale of Goods Agreement (Sale of Goods): A sale of goods agreement covers specifications, price, delivery, when title and risk pass, and inspection. It is a defined sale, not an ongoing distribution deal.
Formable contract templates include language modified from Common Paper standard terms. The originals are free to use under Creative Commons Attribution 4.0 (CC BY 4.0). View the Common Paper standards and CC BY 4.0 license.
The partnership agreement follows the Uniform Partnership Act (1997) from the Uniform Law Commission. See the Uniform Partnership Act (1997).
The HIPAA business associate agreement follows the sample contract provisions published by the U.S. Department of Health and Human Services. Read the HHS sample provisions.
The data processing agreement is built around Article 28 of the GDPR, as published by the European Commission. Read Regulation (EU) 2016/679.