Survival clause for freelancers
A survival clause: which obligations, such as payment, confidentiality and IP, continue after the contract ends.
Survival clause: copy and adapt
The following provisions survive expiry or termination of this agreement: payment of amounts due, intellectual property, confidentiality, limitation of liability, indemnification, dispute resolution and governing law, together with any other provision which by its nature is intended to survive.
When to use it
In every contract. Without it, someone could argue that ending the contract also ended the duty to pay or to keep secrets.
Variants by trade
Time-limited confidentiality
Confidentiality obligations survive for [3] years after termination, except for trade secrets, which are protected for as long as they remain secret.
NDAs
The obligations in this agreement survive for [2] years after the last disclosure of confidential information.
Frequently asked questions
What is a survival clause?
A list of obligations that stay in force after the contract ends. Payment, confidentiality and IP are the usual ones.
Does my client still have to pay after termination?
For work done before termination, yes. The survival clause makes that explicit.
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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.
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