9.Indemnification Contractor will defend, indemnify, and hold harmless Client against any damage, cost, loss or expense arising from a claim, suit or proceeding brought against Client (i) alleging that any Work Product infringes upon any Intellectual Property Rights, (ii) alleging that any Work Product misappropriates any trade secrets, of any third party, or (iii) arising from Contractor's breach of the terms of this Agreement.
I read that to mean that if a client I did work for is sued for IP infringement, even if no IP infringement occurs, I need to pay for the client's defense out of my own pocket.
⓪ - https://www.elance.com/p/legal/independent-contractor-servic...
(iii) puts the burden on the client to prove that you breached the contract. So, that clause is reasonable even if it is burdensome.
For, (i) and (ii) the word "alleging" is problematic for me. Anyone can sue you alleging anything. Yes, you can recover court costs and lawyer fees if you win, but most patent trolls try to out-expense you and figure you'll settle at some point.
Either way, always do work and sign contracts as a legal entity, not an individual. Much better to lose your company than lose your house.
More detail: https://www.shouldisign.com/what-is-indemnification
Then again some of the people hiring there are really professional.
I was scammed by some guy who gave me a 1 star for overworking me and exploiting me, in spite of showing evidence that his work was completed (and much more) his rating was not even exempted from my total.
Suffice to say it makes it hard to work. Luckily it was my 6th job and I had other 5 stars.....
