Freelancers 6 min read
5 Clauses Every Freelancer Should Refuse to Sign
We analysed 3,000 freelance contracts. These 5 clauses appeared in 40% of them — and they're all unreasonable.
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Vendor_NDA_2026.pdf — Risk Score: 72/100
3. TERM AND DURATION
This Agreement shall remain in effect for a period of five (5) years...
The obligations of confidentiality shall survive termination and continue for an UNLIMITED period thereafter.
CriticalPerpetual obligation — never expires
7. INDEMNIFICATION
The Receiving Party shall indemnify, defend, and hold harmless...
without any cap on liability.
CriticalUnlimited liability — no maximum damages
4. NON-SOLICITATION
for a period of three (3) years following termination, the Receiving Party shall not... solicit, hire, or attempt to hire any employee
High Risk3-year non-solicitation in an NDA — unusual
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Sample Analysis
Mutual Non-Disclosure Agreement (NDA)
TechVentures Inc. · 1,247 words · ~6 min read
72/100
High Risk
2 Critical
2 High
2 Medium
2 Low / Safe
Original Contract Text
This Agreement shall remain in effect for a period of five (5) years from the date of execution. The obligations of confidentiality shall survive termination and continue for an UNLIMITED period thereafter with respect to any Confidential Information disclosed during the term.
In Plain English
The agreement lasts 5 years, BUT your obligation to keep secrets is FOREVER. Even after the agreement ends, you can never share what you learned.
Why This Was Flagged
An unlimited/perpetual confidentiality obligation is highly unusual and potentially unenforceable. Most NDAs have a 2-5 year survival period. This creates an indefinite legal obligation.
💡 Recommendation
Negotiate to limit the survival period to 2-3 years after termination. Perpetual obligations are a major red flag in NDAs and most courts view them skeptically.
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Contract Tips
Learn before you sign.
Education 4 min read
What Is an Indemnification Clause (and Why It Matters)
Indemnification is the #1 most misunderstood clause in contracts. Here's what it actually means in plain English.
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Negotiation 8 min read
How to Negotiate an NDA in 2026
NDAs don't have to be one-sided. Learn the 7 points you should always negotiate before signing.
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