Clinch

September 15, 2026 · Clinch

Limitation of Liability Clause: Why Every Freelancer Needs One

The risk you don't see

A bug in the checkout you built, a typo in an ad you wrote, a missed deadline before a launch: in the worst case a client can claim lost revenue far larger than your fee. Without a cap, a 2,000-dollar project can carry unlimited exposure.

What the clause does

It limits your total liability to a defined amount (usually the fees paid under the contract) and excludes indirect losses such as lost profits or lost data. Clients accept this routinely; it's in almost every software and agency contract.

Sample wording

> The Contractor's total liability under this Agreement shall not exceed the total fees paid by the Client under this Agreement. Neither party shall be liable for indirect, incidental or consequential damages, including lost profits, even if advised of their possibility.

Some jurisdictions don't allow excluding liability for gross negligence or fraud, and that's fine: the cap still covers the everyday risks.

Check client contracts too

When a client sends their contract, look for unlimited indemnities. The contract red flags checker flags them. Draft it now with Clinch: describe the job in a sentence, get a clean draft, send one link. Your client signs from their phone without an account, and the deposit is paid in the same step.

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