Unlimited Liability Clauses: The Freelance Contract Risk Nobody Reads

Of all the clauses in a freelance contract, liability is the one with the worst worst-case. A bad payment term costs you weeks of cash flow. A bad liability clause can, in theory, cost you many times what the project was worth. And it is almost always buried near the end where nobody reads.

What the dangerous version looks like

The warning signs are phrases like "without limitation," "any and all damages," and a one-way indemnity where you protect the client but they owe you nothing. Together these mean your exposure has no ceiling and runs in only one direction — toward you.

The fix: a liability cap

The standard protection is a limitation-of-liability clause that caps your total liability at the fees paid under the agreement (or some multiple of them). It is one of the most common and accepted requests in professional contracts — most clients agree without friction because it is reasonable and mutual.

Make indemnities mutual and bounded

If you must indemnify the client, ask for three things: that the obligation is mutual, that it is capped, and that it excludes claims arising from the client's own materials, instructions, or chosen vendors. You should not carry the risk for decisions you didn't make.

Exclude indirect damages

Also ask to exclude indirect, consequential, and special damages — things like lost profits. These are unpredictable and far larger than your fee, and excluding them is standard practice.

fynPrint specifically flags open-ended liability, one-sided indemnities, and missing liability caps, and gives you the limitation language to propose.