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Risk and liability

Liability cap

The ceiling on what you can be made to pay if something goes wrong. No cap, paired with a broad indemnity, means unlimited exposure.

What it means

A liability cap is the maximum amount you can be made to pay if a claim arises from your work. It is the clause that decides how bad the worst case can get. Without one, especially when paired with a broad indemnity, a small project can carry open-ended financial exposure.

Why it matters

Uncapped liability is rarely a deliberate demand; it is usually just the absence of a cap in a template. But the effect is real: a four-figure project can, on paper, expose you to damages many times larger than the fee if a third party raises an infringement or damages claim and the indemnity makes you cover the client's losses and legal costs.

What fair looks like

  • Liability capped at the fees paid under the contract (sometimes a small multiple).
  • Indirect and consequential damages excluded: no liability for lost profits, lost data, or downstream reputational harm.
  • Discipline-specific carve-outs where they apply: for writing, exclude claims from client edits made after delivery; for video, assign location and talent-release risk to whoever controlled it; for brand deals, the brand indemnifies you for its own product claims.

Related reading

See the guide to uncapped liability in freelance contracts, the indemnity definition, and the liability-cap benchmarks.