Limitation of liability clause for freelancers
A limitation of liability clause for freelancers: cap at fees paid, exclusion of indirect losses, and carve-outs.
Limitation of liability clause: copy and adapt
Except for liability that cannot be limited by law, the Provider's total liability under this agreement is limited to the fees paid by the Client in the [12] months before the claim. Neither party is liable for indirect or consequential losses, including lost profits, revenue or data.
When to use it
In every contract, and especially for developers, consultants and marketers whose work touches the client's revenue.
Variants by trade
Developers
The Client is responsible for maintaining backups; the Provider is not liable for loss of data except where caused by its gross negligence.
Marketing and SEO
The Provider does not guarantee rankings, traffic or sales and is not liable for changes to third-party platforms or algorithms.
Frequently asked questions
Why does a freelancer need a liability cap?
Without it, one mistake on a small project could expose you to losses far larger than your fee.
What cap is reasonable?
The fees paid under the contract, or over the last 12 months, is standard and easy for clients to accept.
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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.