What happens when a client asks you to work over a holiday weekend, then disputes the overtime charges because “it was just a quick task”? What happens when a project that was supposed to take five hours a week balloons to fifteen, but the client expects the same monthly rate? What happens when a client ghosts on an invoice for three months? If you do not have a contract that addresses these situations, the answer is: whatever the client decides, because you have no leverage.
Contracts are not about distrust. They are about clarity. A good contract protects both you and your client by putting expectations in writing before a problem arises, which is exactly when both parties are most rational and most willing to be fair. Running an Executive Assistant business without proper contracts is like managing an executive’s calendar without a scheduling tool. You might get away with it for a while, but eventually something falls through the cracks, and the consequences are painful.
The Service Agreement: Your Most Important Document
Your service agreement (also called a client contract or engagement letter) is the foundation of every client relationship. It defines what you will do, what the client will provide, how much it costs, and what happens when things do not go as planned.
Every service agreement should include these sections:
Scope of Work
This is the most important section and the one most often done poorly. Define the specific services you will provide with enough detail that neither party has to guess. Instead of “calendar management,” write “managing the client’s professional calendar, including scheduling meetings, resolving conflicts, and sending reminders. Does not include personal calendar management unless specified in the Extended Services section.”
Include a clear process for scope changes. Something like: “Any services beyond the scope described above will require written approval from both parties and may result in additional charges.” This one sentence prevents more billing disputes than any other clause in the contract.
Pricing and Payment Terms
Specify your rate or package price, invoicing schedule, payment due date, accepted payment methods, and late payment penalties. Be specific: “Invoices will be sent on the 1st of each month and are due within 15 business days. Payments received more than 30 days past due will incur a 1.5% monthly late fee.”
If you charge hourly, state your rate and how you track time. If you use retainer packages, define what happens to unused hours (do they roll over or expire?) and what happens when the client exceeds the package hours. These details seem minor until a disagreement arises, at which point they become the only thing that matters. Getting your pricing structure right goes hand in hand with documenting it in the contract.
Term and Termination
Define how long the agreement lasts (month-to-month, six-month commitment, annual) and how either party can end it. A common structure: “Either party may terminate this agreement with 30 days’ written notice. The client is responsible for payment of all services rendered through the termination date.”
Consider including a minimum commitment period for retainer clients (often 60 or 90 days). This protects you from investing significant onboarding time only to have the client leave after two weeks.
Confidentiality
As an Executive Assistant, you will have access to sensitive information: financial data, personnel issues, strategic plans, personal details. Your contract must include a confidentiality clause that specifies what constitutes confidential information, how you will protect it, and how long the obligation lasts after the engagement ends. Most confidentiality clauses extend one to three years post-engagement.
Liability and Indemnification
Limit your liability to the amount paid by the client under the contract. This protects you from disproportionate claims. A standard clause: “The total liability of the service provider under this agreement shall not exceed the total fees paid by the client in the six-month period preceding the claim.” Also consider carrying professional liability insurance, which the legal essentials guide covers in detail.
The Non-Disclosure Agreement
Some clients will want a separate NDA in addition to the confidentiality clause in your service agreement. This is common in industries like finance, technology, healthcare, and legal, where the information you handle has regulatory implications.
A standard mutual NDA covers:
- Definition of confidential information (broad enough to be useful, specific enough to be enforceable)
- Obligations of both parties regarding handling and protection of that information
- Exceptions (information that was already public, information independently developed, information required by law to disclose)
- Duration of the obligation (typically two to five years)
- Consequences of breach
Keep a clean NDA template ready so you can provide one quickly when a prospective client requests it. Having your own template is more professional than waiting for the client to provide theirs, and it ensures the terms are balanced rather than one-sided.
The Onboarding Questionnaire
This is not technically a contract, but it is a template you will use with every new client and it belongs in your document library. An onboarding questionnaire collects the information you need to start providing excellent support from day one:
- Communication preferences (email, Slack, phone, text) and expected response times
- Calendar preferences: meeting length defaults, buffer time requirements, time zones, blackout periods
- Travel preferences: airline loyalty programs, seat preferences, hotel chains, dietary restrictions
- Key contacts: who can schedule time with the executive, who should be redirected, who requires immediate attention
- Tool access: which platforms you will need credentials for, how access will be granted
- Recurring commitments: standing meetings, regular deadlines, cyclical projects
A thorough onboarding questionnaire demonstrates professionalism and reduces the first few weeks of trial-and-error that new client relationships typically endure. The full client onboarding guide walks through how to build this process from scratch.
The Proposal Template
When a prospective client expresses interest, you need a professional way to present your services and convert that interest into a signed agreement. Your proposal template should include:
- A brief understanding of the client’s situation (shows you listened)
- Your recommended services and the rationale for each
- Pricing options (ideally two or three tiers to give the client a choice rather than a yes-or-no decision)
- Timeline for onboarding and getting started
- Testimonials or relevant case studies
- Next steps to move forward
Keep proposals to one or two pages. The goal is not to overwhelm. It is to make saying yes feel easy and logical. For a deeper look at writing proposals that close, the proposal writing guide has specific examples and structures you can adapt.
The Subcontractor Agreement
If you grow your business to the point where you bring on other Executive Assistants to help with client work, you will need a subcontractor agreement. This document defines the relationship between you and the person doing the work, and it is critical for both legal compliance and quality control.
Key elements to include:
- Scope of work the subcontractor will perform
- Compensation and payment schedule
- Confidentiality obligations (the subcontractor must protect your clients’ information with the same rigor you do)
- Non-solicitation clause (the subcontractor cannot go directly to your clients to offer competing services)
- Independent contractor classification language (to ensure both parties understand the tax and legal implications)
- Termination provisions
Getting the subcontractor relationship right is essential for anyone planning to scale their Executive Assistant business beyond a solo practice.
Where to Get These Documents
You have three options for creating your contracts and templates:
- DIY with online templates: affordable but risky. Free templates often miss critical clauses or use language that may not hold up in your state. Use these as a starting point only.
- Attorney review: the safest option. Have a business attorney review your contracts at least once, even if you start from a template. A one-time review typically costs $300 to $800 and is worth every dollar if a dispute ever arises.
- Legal platforms: services like LegalZoom, Rocket Lawyer, and LawDepot offer customizable contract templates for small businesses at moderate cost. Better than free templates, less expensive than a full attorney engagement.
The free Executive Assistant templates from the Executive Assistant Institute include operational documents that complement your legal contracts, giving you a more complete professional toolkit.
Building a professional certification into your credentials also changes how clients perceive your contracts. When someone with a recognized credential from the Executive Assistant Institute presents a polished service agreement, it reinforces that they are dealing with a serious professional, not someone improvising a side hustle.
The time to build your contract library is before you need it, not during a dispute when emotions are high and the stakes are real. Every hour you invest in your documents now saves you ten hours of stress, negotiation, and potential loss later. Your future self will thank you for getting this right at the start.
