1     Is the consultant to provide services personally or through a company?

2     Is this genuinely going to be a consultancy or an employment relationship?

3     Has the work specification defined:

       3.1     the hirer's rights?
       3.2     the hirer's obligations?
       3.3     the consultant's rights?
       3.4     the consultant's obligations?

4     How much time must the consultant devote to the services:

       4.1     where?
       4.2     when?
       4.3     how many man hours/days/half days?
       4.4     per week/month/year?

5     Is there to be a minimum level of work to be provided for the consultant?

6     Does the consultant have job security?

7     Does the hirer provide office facilities and equipment to the consultant?

8     Is the consultant able to participate in the hirer's pension scheme?

9     Is the consultant entitled to be paid for holiday?

10   Is the consultant entitled to be paid for sickness absence?

11   Does the consultant account for VAT?

12   How must the consultant provide his services?

       6.1     personally? 
       6.2     or can he sub-contract/provide a substitute?

13   Is there to be a mechanism for performance review?14 How are the services to be remunerated?

       8.1     per hour?
       8.2     per day/half day?
       8.3     per year?

15   How is the fee to be paid?

       9.1     in advance/arrears?
       9.2     against invoices?
       9.3     within how many days of receipt?

16   Should there be an indemnity from the consultant in relation to tax and national insurance?

17   Will expenses be reimbursed?

18   What level of control is to be exercised over the consultant's work?

19   Will the hirer own the copyright in any work produced by the consultant?

20   What protection for confidential information is required?

21   Will restrictive covenants be necessary?

22   Should the consultant provide services exclusively for the hirer?

23   Is the consultant controlled by the hirer's disciplinary code?

24   Is the consultant entitled to be reimbursed for expenses?

25   How is the agreement to be terminated?

       15.1     at the end of a fixed term?
       15.2     on notice by either party?
       15.3     without notice for breach/underperformance?

26   Which law should govern the contract?

       16.1     which courts?
       16.2     arbitration?
       16.3     mediation?

This is a non-exhaustive checklist of points relevant to contractual relations between a freelancer and an advertising/marketing agency or a brand owner.