Benchmark
The ceiling on what you can be made to pay if something goes wrong. No cap means unlimited exposure.
Typical range
Liability capped at the total fees paid under the contract (sometimes a small multiple), with indirect and consequential damages excluded.
Off-market
No liability cap at all, combined with a broad indemnity, so a four-figure design project carries open-ended exposure if a third party raises an IP or damages claim.
Typical range
Liability capped at the fees paid, with consequential damages excluded and carve-outs for content the client edited, approved, or directed.
Off-market
Broad indemnity with no cap, making the writer liable for any claim arising from a published piece, including changes an editor made after the writer delivered it.
Typical range
Liability capped at fees paid, consequential damages excluded, and specific risks (location damage, talent releases, music licensing) assigned to the party responsible for them.
Off-market
Uncapped liability making the freelancer responsible for any claim connected to the production, including talent releases the client managed or locations the client secured.
Typical range
Liability capped at the fees paid, with the creator responsible only for their own conduct (honest disclosure, following the brief) and the brand responsible for its product claims and materials.
Off-market
Broad indemnity making the creator liable for any claim relating to the campaign, including consumer claims about the brand's product or regulatory issues with brand-supplied talking points.
Typical range
Liability capped at the fees paid, consequential damages excluded, and a realistic limit-of-liability for events (for example, re-shoot or refund rather than open-ended damages if equipment fails).
Off-market
Uncapped liability making the photographer responsible for a client's lost profits or downstream losses, or guaranteeing a specific outcome for an unrepeatable live event.
Typical range
Liability capped at the fees paid, consequential damages excluded (lost revenue, downtime, data loss), and warranties limited to conforming to spec, not to being bug-free forever.
Off-market
Uncapped liability plus an 'error-free' or 'no downtime' warranty, making the developer liable for the client's lost revenue whenever a bug or outage occurs.
Typical range
Liability capped at the fees paid (sometimes a small multiple), consequential damages excluded, and a professional-advice clause stating the client is responsible for its own decisions and implementation.
Off-market
Uncapped liability making the consultant answerable for the client's business results, or for decisions the client made and executed on its own.