Essential Contracts for Turkish Entrepreneurs in the US
Written for Turkish entrepreneurs who are doing business in or with the United States and need to understand which contracts to have in place.
This guide covers the legal contracts you'll likely need when doing business in or with the United States, with considerations for Turkish entrepreneurs operating across borders.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Contract templates should be reviewed by a qualified attorney for your specific situation and jurisdiction.
Scope & Method
This entry covers core contracts commonly used in US business relationships, with considerations for Turkish entrepreneurs operating across borders. It does not constitute legal advice; jurisdiction-specific variations exist and professional review is recommended for any specific engagement. Content is informed by primary legal sources, official agency guidance, and standard US commercial practice descriptions.
Normative Baseline
1. Core Contract Types
The contracts below are not listed in random order. The NDA comes first because it protects information you share before any deal is signed. Service and contractor agreements follow because they govern the actual working relationship. IP assignment exists to ensure that what gets created under those agreements belongs to you. The Operating Agreement, Privacy Policy, and Terms of Service round out the set because they address the structural and regulatory foundations your business needs to operate.
Below are the essential contracts most businesses operating in the US will need. Each serves a specific protective function.
Non-Disclosure Agreement (NDA)
Confidentiality Agreement
Purpose:
Protects confidential information shared between parties.
When needed:
Before sharing business plans, trade secrets, client lists, or proprietary information with potential partners, investors, or contractors.
Service Agreement
Master Services Agreement (MSA)
Purpose:
Defines the terms under which services will be provided.
When needed:
When you provide professional services to clients. Covers scope of work, payment terms, deliverables, and liability limits.
Independent Contractor Agreement
Consulting Agreement, Freelance Agreement
Purpose:
Establishes the relationship between a business and an independent contractor.
When needed:
When hiring freelancers or contractors. Critical for avoiding misclassification claims and defining work relationship.
IP Assignment Agreement
Work for Hire, IP Transfer
Purpose:
Transfers intellectual property rights from one party to another.
When needed:
When commissioning creative work, software development, or any work product where you need to own the IP.
Operating Agreement
LLC Agreement
Purpose:
Defines ownership structure, profit distribution, and management rules for an LLC.
When needed:
When forming an LLC. Required by some states; practically required for bank accounts.
Privacy Policy
Data Privacy Notice
Purpose:
Discloses how your business collects, uses, and protects user data.
When needed:
Required if your website or app collects any personal data (names, emails, cookies, analytics).
Terms of Service
Terms and Conditions, Terms of Use
Purpose:
Sets the rules for using your website, app, or service.
When needed:
For any website, app, or online platform. Establishes acceptable use and limits liability.
Influencer / Brand Agreement
Sponsorship Agreement, Content Creator Agreement
Purpose:
Defines terms for promotional content partnerships.
When needed:
When partnering with influencers for marketing or when being hired as an influencer.
Practical Guidance
2. When to Use Each Contract
Starting a business conversation?
→ NDA first. Before sharing any sensitive information about your business, idea, or clients.
Providing services to a client?
→ Service Agreement. Defines what you'll deliver, when, and for how much. Protects both parties.
Hiring someone to work for you?
→ Independent Contractor Agreement if they're not an employee. This is crucial for avoiding misclassification liability in the US.
Commissioning creative or technical work?
→ IP Assignment Agreement. Without this, the creator may retain rights to the work they produced for you.
Forming an LLC?
→ Operating Agreement. Banks typically require this to open a business account. Defines ownership and decision-making rules.
Running a website or app?
→ Privacy Policy (legally required in most cases) + Terms of Service (highly recommended).
3. Key Clauses Explained
Regardless of contract type, certain clauses appear repeatedly and deserve careful attention:
Scope of Work / Services
Precisely defines what will be delivered. Ambiguity here leads to disputes later.
Tip: Be specific. "Marketing services" is too vague. "Monthly social media management including 12 posts and 2 reports" is better.
Payment Terms
When payment is due, in what currency, through what method, and consequences of late payment.
Tip: Specify currency (USD), payment method (wire, ACH), and late payment penalties or interest.
Intellectual Property
Who owns the work product. By default under US law, contractors often retain IP unless explicitly assigned.
Tip: If you're paying for work, ensure the contract includes a clear IP assignment clause.
Confidentiality
Obligations to keep certain information private. May survive termination of the contract.
Tip: Define what's confidential and for how long the obligation lasts (often 2-5 years or indefinitely for trade secrets).
Termination
How either party can end the relationship. Notice periods, grounds for immediate termination.
Tip: Include both "for cause" (breach, etc.) and "for convenience" (with notice) termination rights.
Governing Law
Which jurisdiction's laws apply to interpret the contract.
Tip: New York and Delaware are common choices for US contracts. This affects how disputes are resolved.
Dispute Resolution
How disagreements will be handled—courts, arbitration, or mediation.
Tip: Arbitration is often faster but may limit discovery. Courts provide more formal process but can be slower.
4. Turkey-US Cross-Border Notes
Language Versions
When contracting with Turkish parties, you may need both English and Turkish versions. Decide which version controls in case of discrepancy. Common approach: English controls for legal interpretation, Turkish provided for convenience.
Governing Law Selection
If you choose US law (e.g., New York), be aware that Turkish courts may not enforce all provisions. If you choose Turkish law, US courts may similarly limit enforcement. Consider:
- Where are the parties located?
- Where will disputes likely need to be enforced?
- What law is your counterparty more comfortable with?
Enforceability Considerations
Some contract terms valid in the US may not be enforceable in Turkey, and vice versa. Examples:
- Non-compete clauses are more strictly limited under Turkish law
- Certain consumer protection provisions differ significantly
- Arbitration clauses may require specific formalities
For significant contracts, consider review by attorneys familiar with both jurisdictions.
Currency and Payment
Specify currency clearly. Consider exchange rate fluctuations and bank transfer costs. US banks may charge fees for international wires; Turkish regulations may affect currency conversion.
5. Red Flags to Watch
No written contract at all
Verbal agreements are difficult to prove and enforce. Always get agreements in writing.
One-sided indemnification
If you're asked to indemnify the other party for everything, including their own negligence, negotiate more balanced terms.
Unlimited liability
Contracts should typically cap liability at a reasonable amount (e.g., fees paid under the contract).
Automatic renewal without notice
Some contracts auto-renew unless you cancel within a narrow window. Know your termination rights.
Vague scope of work
Ambiguous deliverables lead to disputes. Insist on specific, measurable terms.
IP assignment without compensation
If you're assigning your IP, ensure you're adequately compensated and understand what rights you're giving up.
Arbitration in inconvenient forum
Arbitration in a distant location can make dispute resolution practically impossible.
6. Frequently Asked Questions
Can I use the same contract for all my clients?
A template can serve as a starting point, but each client relationship may have unique requirements. Review and customize as needed. Significant engagements warrant careful negotiation.
Do contracts need to be notarized?
Most business contracts in the US do not require notarization. However, certain documents (real estate, some corporate filings) may require it. Turkish notarization requirements may differ.
Are electronic signatures valid?
Yes, in most cases under US law (ESIGN Act, UETA) and Turkish law (Electronic Signature Law). However, certain documents may still require wet signatures.
What if the other party breaches the contract?
Your remedies depend on the contract terms and applicable law. Common remedies include damages, specific performance, or termination. Document the breach and consult an attorney.
Should contracts be in English or Turkish?
Depends on the parties and where enforcement may be needed. Many cross-border contracts include both languages with one designated as controlling for interpretation.
How long should I keep signed contracts?
At minimum, for the duration of the business relationship plus the statute of limitations for contract claims (typically 4-6 years in most US states). Some recommend keeping them indefinitely.
7. Sources & Official Links
US privacy law requirements for businesses
Employee vs. contractor classification
Copyright registration and work-for-hire rules
Electronic signatures and records
Frequently Asked Questions (for Turkish Entrepreneurs)
Can I use a contract drafted under Turkish law for US business relationships?
It is technically possible, but generally inadvisable. US counterparties expect contracts governed by US state law, and US courts may not enforce certain provisions valid only under Turkish law. If your business relationship is based in the US or serves US clients, contracts drafted under the applicable US state law provide significantly stronger protection.
Do I need all of these contracts from day one?
Not necessarily, but delaying increases your risk. At minimum, an Operating Agreement should be in place at formation, a Privacy Policy before your website goes live, and an NDA before any confidential business discussion. The remaining contracts become necessary as you take on clients, hire contractors, or commission work product.
ABD Business Starter Legal Kit
Three legal document templates — Operating Agreement, Service Agreement, and NDA — prepared for Turkish entrepreneurs forming a US-based LLC. Each document is drafted in both English and Turkish, reflecting standard US commercial practice.
$49 — one-time purchase
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Author
EchoLegal
Content reviewed by a New York-licensed attorney
Cite This Entry
EchoLegal, “Essential Contracts for US Business,” EchoLegal Legal Encyclopedia, v1.0 (last updated Feb 17, 2026), https://echo-legal.com/en/abdde-is-yapan-turkler-icin-sozlesmeler.
Essential Contracts for US Business, EchoLegal Legal Encyclopedia (last updated Feb 17, 2026), https://echo-legal.com/en/abdde-is-yapan-turkler-icin-sozlesmeler.
ecl-gde-00017This content is for informational purposes only and does not constitute legal advice. Contract templates and guidance should be reviewed by a qualified attorney for your specific situation and jurisdiction. EchoLegal is not a law firm and does not provide legal representation.