Indemnification clause for freelancers
A mutual indemnification clause for freelance contracts, limited to each party's own breach and content.
Indemnification clause: copy and adapt
Each party will indemnify the other against third-party claims arising from its breach of this agreement or from materials it supplied. The Client indemnifies the Provider against claims arising from content, trademarks or data provided by the Client. The party seeking indemnity must notify the other promptly and allow it to control the defence.
When to use it
When a client asks for an indemnity. Make it mutual and limited to each party's own conduct, not open-ended.
Variants by trade
Capped
Indemnities under this clause are subject to the limitation of liability, except for claims of intellectual property infringement.
Influencers and content
The Brand indemnifies the Creator against claims arising from product claims, disclosures or materials supplied by the Brand.
Frequently asked questions
Should a freelancer sign a one-way indemnity?
Push for mutual and limited to your own breach. A one-way indemnity can make you insurer of the client's business.
Is indemnification the same as liability?
No. Indemnification covers third-party claims; the liability cap limits what the parties owe each other.
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These clauses are general templates, not legal advice. Laws vary by country and state; for high-value or unusual deals, have a lawyer review your contract.