Hiring a virtual assistant without a written agreement is one of the most common mistakes business owners make — and one of the easiest to fix. A simple contract and non-disclosure agreement takes 30 minutes to put in place and protects you against the most common problems: IP disputes, confidentiality breaches, scope creep, and payment disagreements.
Here is what you need to know about VA contracts and NDAs, and what to include.
Why a Contract Matters
A written agreement is not about distrust — it is about clarity. When both parties understand exactly what was agreed, there is far less room for misunderstanding. Contracts protect both sides:
- You know the VA cannot share your proprietary processes, client lists, or business information
- The VA knows exactly what they are being paid, when, and for what scope of work
- Both parties have a clear path if the arrangement ends
A verbal agreement is almost impossible to enforce. A written one is.
The Two Documents You Need
1. Independent Contractor Agreement
This is the core working agreement. It covers:
Services and scope: What the VA will do. Be specific — list the primary responsibilities or reference a job description.
Payment terms: Hourly rate or retainer amount, how often they invoice, payment method, and terms (e.g., net 7 or net 14).
Hours and schedule: Expected weekly hours, availability windows, and any fixed meeting times.
Communication expectations: Response time, preferred channels, and meeting cadence.
Independent contractor status: Explicitly states this is a contractor relationship, not employment. This matters for tax treatment and benefits.
Intellectual property: Any work product created in the course of the engagement is owned by you, the client.
Termination clause: How either party can end the agreement — typically 7 or 14 days written notice.
Liability limitations: Caps on liability for errors or damages.
2. Non-Disclosure Agreement (NDA)
The NDA governs what the VA can and cannot share. Key clauses:
Definition of confidential information: What counts as confidential — typically business data, client lists, financial information, systems, processes, pricing, and product plans.
Obligations: The VA agrees not to disclose, share, or use confidential information for any purpose outside the engagement.
Exceptions: Standard carve-outs include information that was already public, independently developed, or required to be disclosed by law.
Duration: Typically 2–5 years after the engagement ends, or "in perpetuity" for trade secrets.
Return of information: Upon termination, the VA agrees to return or destroy confidential materials.
Contract Template Framework
INDEPENDENT CONTRACTOR AGREEMENT
This agreement is entered into by [Client Name] ("Client") and [VA Name] ("Contractor") as of [Date].
1. SERVICES
Contractor will provide [description of services] as directed by Client. Services will be
performed remotely unless otherwise agreed.
2. COMPENSATION
Client will pay Contractor [rate] per [hour/month]. Contractor will invoice [weekly/bi-weekly/
monthly]. Payment will be made via [PayPal/Wise/bank transfer] within [X] days of invoice.
3. HOURS AND AVAILABILITY
Contractor will work approximately [X] hours per week. Core availability hours are
[hours] [time zone], [days].
4. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor, not an employee. Contractor is responsible for
their own taxes and benefits. This agreement does not create an employment relationship.
5. INTELLECTUAL PROPERTY
All work product, deliverables, and materials created by Contractor in the course of
this engagement are the sole property of Client.
6. CONFIDENTIALITY
Contractor agrees to maintain the confidentiality of all Client information and not to
disclose it to any third party. [Reference NDA or incorporate NDA terms here.]
7. TERMINATION
Either party may terminate this agreement with [7/14] days written notice. Client may
terminate immediately for cause including breach of confidentiality or repeated failure
to meet agreed standards.
8. ENTIRE AGREEMENT
This agreement constitutes the full agreement between the parties and supersedes any
prior discussions or understandings.
Signed: _____________ Date: ___________ (Client)
Signed: _____________ Date: ___________ (Contractor)
Practical Notes
Use a simple e-signature tool: DocuSign, HelloSign (now Dropbox Sign), or even a signed PDF returned by email is legally sufficient in most jurisdictions.
Keep it readable: A 20-page legal document is not necessary for a part-time VA relationship. Clear, plain-language agreements are enforceable and far more likely to be read.
Update for scope changes: If the VA's role expands significantly, issue a simple amendment or a new agreement. Do not let scope drift without documentation.
International considerations: If your VA is in another country, include a governing law clause specifying which jurisdiction's laws apply. Most VAs outside the US will agree to US governing law for US-based clients.
Store signed copies: Keep a copy of all signed agreements in a secure folder. You will almost certainly never need it — but if you do, you will be glad you have it.
A simple contract and NDA takes 30 minutes to put in place and protects one of your most important business relationships. Do it before day one — not after something goes wrong.
For everything that follows the contract, see our ultimate VA onboarding checklist.