Why this clause is risky
Liability is what you owe if something goes wrong. Most fair contracts cap it at what the client paid you. Uncapped means there is no ceiling at all.
One claim, even a weak one, could cost you years of income on a contract worth a few thousand dollars. Also check the direction: many client-drafted contracts cap their liability while leaving yours open. It should be mutual.
The pushback email
Copy this, fill in the brackets, send it.
Subject: Quick ask on the liability section
Hi [Client name], I am fine with the indemnity in principle, but uncapped means one claim could cost me more than this whole contract pays. I cannot sign that. Can we cap my total liability at the fees paid under this agreement? Standard stuff, and it keeps us both covered. Thanks, [Your name]
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General information, not legal advice. FinePrint is not a law firm. This email is a starting point, not legal advice. For high-stakes agreements, talk to a licensed attorney.