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[TX] How do you protect yourself as a freelance web developer from client content issues?
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I have drafted a contract for freelance web development for a real estate agent’s website and would like a lawyer to review the agreement.
I understand how important it is to have a solid contract in place for your freelance work. What specific concerns do you have about the contract you drafted?
I want to confirm enforceability, limitation of liability, Texas-specific real estate requirements, and what I need to do as a freelance developer to ensure I am legally covered.
Have you already discussed the terms of the contract with the real estate agent, or is this the first time they are seeing it?
It is the first time they would be seeing it.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with your contract review.
No.
Hi there! Welcome to our service. My name is Liz, I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. I understand you need a review of your freelance web development contract for a real estate agent. Could you tell me more about any specific clauses you’re unsure about?
Hey Liz, I am just starting out doing freelance web development, and I am unsure which clauses are most important to ensure I am not held liable for content on a client’s website. I have drafted an agreement I would like to have reviewed, if possible, to receive advice.
In general, with these contracts, two major things I usually see missing are the dispute resolution clause and indemnification. (In Texas, a written agreement to arbitrate disputes that arise after the contract is signed is generally valid and enforceable under Tex. Civ. Prac. & Rem. Code § 171.001. An indemnification clause that shifts liability for a party’s own negligence must also meet Texas’s fair notice requirements, meaning it must be conspicuous and must expressly state that intent, as held in Dresser Industries, Inc. v. Page Petroleum, Inc., 853 S.W.2d 505 (Tex. 1993). See also the definition of “conspicuous” in Tex. Bus. & Com. Code § 1.201(b)(10).) With the limitation of liability, you also need to be clear about how it’s limited, such as to a certain percentage of what the client has paid you. I
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