Why it matters
Indemnity clauses decide who pays if someone sues over the content. A one-sided clause can make a creator responsible for claims about the brand’s own product, far beyond the fee.
How it usually reads
Each party will cover claims caused by its own breach. Brand will cover claims about its products and the claims it provided.
What fair looks like
- Mutual: each side covers claims caused by its own actions.
- The brand covers claims about its product and the claims it asked you to make.
- A cap on liability, often the fee paid.
Red flags
-
Creator shall indemnify, defend and hold harmless Brand from any and all claims
You cover everything, including problems with the brand's product.
-
liquidated damages
A fixed penalty you owe, sometimes larger than your fee.
Common questions
Should I accept unlimited liability?
Rarely. A common cap is the total fee paid under the agreement, with exceptions for things like intentional misconduct.