Liability with Freelance Work

ST Boyd · **Joined:** Tue Mar 28, 2006 10:26 am **Posts:** 39

I've been offered a freelance project to proofread a brochure for an ad agency but I'm leery -- if I miss a typo, for instance, and the piece gets printed, and because of the typo the agency has to reprint the brochure for its client, what are the chances of my payment being withheld or, worse, my having to pay for the reprinting? I’m positive of my abilities, but, y’know, stuff does happen.

I realize this might enter the legal realm, but I’d be interested to see if anyone has experience with such a matter, or otherwise knowledge of common practice in such matters.

(I don't want to bring this up with my client because I'm afraid I wouldn't be representing my skills very well.)

Suggestions? Thanks.

Heartodixie · **Posted:** Sat Nov 03, 2007 10:21 pm

I think it's pretty standard that freelancers agree to do work and clients agree to pay, period. I imagine only the most flagrant sloppy work would get your check withheld. But I've only freelanced as a writer for a few papers and magazines, so I could be wrong.

Editer · **Posted:** Sat Nov 03, 2007 10:31 pm

I've been doing freelance work for more than 10 years without liability insurance (the specific type you're thinking of is called "errors and omissions") and never had a problem. In talking with other freelancers, the subject sometimes comes up but I've never heard of a copy editor actually getting in hot water over missing a typo.

One former freelancer said he always added this to his work contracts and never had a problem:

Quote:

Liability

The documents, online information structures, or reports I provide you are based on my best understanding of information you provide, as supplemented by my own general knowledge. It is your responsibility to examine them and to determine their accuracy and their suitability for whatever purposes you put them to. You agree that I am in no way responsible for any errors or omissions in any work I do for you or
for any harm of any kind that comes to you, your customers and clients, or anyone else as a result of using or relying on my work in any way.

That makes clear what should be clear: That the ad agency, not the contractor, is responsible for the final product.

If you do a lot of freelance work it's probably worthwhile to get some general business insurance, with E&O a part of it.

As for withholding payment, that's a no-no. If you do the work and they're sufficiently satisfied with it that they take it to the printer, they have to pay you.

GBrooks · **Posted:** Sun Nov 18, 2007 8:58 pm

Every agency that stays in business learns the value of a written client sign-off, wherein the client accepts ultimate responsibility for the content of a piece before it hits the press/web/whatever.

As a subcontractor, you have no direct liability to the end client -- you work for the agency, not the client. However, if the agency doesn't have you signed into a subconsulting agreement that specifically lays out your liability and theirs, then do *not* be shy about coming up with an agreement of your own that limits your liability -- I have a subconsulting agreement I use with my subcontractors that you're welcome to crib from.

Note that E&O insurance is pricey - far more so than commercial/professional liability. And the thing is, if you have an approval process in place (the agency [your client] formally accepts your copy and/or their client formally signs off) then even if there are mistakes, they are uninsurable mistakes because someone signed off.

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Liability with Freelance Work

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