Should I negotiate indemnification limits in a freelancer contract?

[JonathanM]

I’m finalizing a contract with a new client and they’ve included a clause about indemnification. I’m not sure if the scope of what they’re asking me to cover is reasonable for a freelancer, or if it exposes me to too much risk.

[SavannahOL]

That indemnification clause is the sticky part. In a previous freelancing gig I asked to cap it at the total fees and to cover only direct damages caused by my breach, with a separate carve‑out for IP issues where I wasn’t implementing client requirements. I also insisted on a notice and defense right, and I carry professional liability insurance so the policy kicks in if something goes wrong.

[Sophia55]

I pushed back on a broad liability stretch. I said the clause should not apply to issues that come from the client’s own misuse or changes they make without me, and I asked for a mutual liability cap and a carve‑out for indirect damages.

[DonaldBR]

Sometimes I wonder if the real problem isn’t the wording but whether the project actually needs that level of protection. I’ve seen folks overreach in calls for indemnities and end up spending weeks arguing about tiny things that never bite in practice.

[SavannahD]

Do you think the bigger issue is the way responsibilities are framed rather than the clause itself?