Liability cap · Creator brand deals
Liability cap in creator brand deals: what is normal
Creators should cap liability at the fee and refuse to indemnify the brand for the brand's own product or claims.
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.
One-line fix
"Creator's liability is capped at the fees paid and limited to Creator's own conduct. Brand indemnifies Creator for claims arising from the product, its performance, and Brand-supplied claims."
What we see
Brand-deal indemnity clauses often run entirely one way: the creator indemnifies the brand for anything connected to the campaign. But the creator does not make the product, set its price, or write its performance claims. Making them liable for a consumer complaint about the product itself allocates risk to the party with the least control over it.
The healthy split is by control. The creator is responsible for what they control: disclosing the partnership honestly, following the agreed brief, not making up their own claims. The brand is responsible for its product, its performance promises, and any talking points it supplied. Liability is capped at the fee on the creator's side.
The clause creators most need to add is a reverse indemnity: the brand covers the creator for claims arising from the product or brand-supplied claims. Without it, a creator who faithfully promoted exactly what the brand asked can still be dragged into a dispute over a product they had no hand in making. A cap plus a reverse indemnity keeps the creator's risk tied to their own actions.
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