Glossary
Warranty
A warranty is a promise that something is true, such as “this work is original” or “we have the right to grant this licence.”
Last updated 26 October 2026
A warranty is a statement one side stands behind. If it turns out not to be true, the other side can usually claim for the loss that caused. Warranties in creative and software contracts often cover ownership of the work, that it does not copy someone else, and that it meets a written spec.
Warranties are different from indemnities. A warranty is a promise that a fact is true. An indemnity is a promise to pay for a named kind of loss. The same contract often has both: “we warrant the work is original” and “we will cover you if a third party says it is not”. The indemnity is the money sentence; the warranty is the fact sentence.
People commonly negotiate how long warranties last, whether they only cover problems reported in writing, and whether they sit inside the liability cap. A warranty that lasts “forever” with no notice process is a different risk from a 90-day warranty on defects the client reports in writing.
Freelancers should only warrant things they can actually know. “Original, except for stock and client materials” is a sentence you can stand behind. “Fits every law in every country the client sells in” is not. Client materials should come with the client’s own warranty the other way.
Agencies that subcontract should make sure the subcontractor’s warranties match what the agency is giving the brand. A gap between the two papers is how the agency holds a risk the freelancer never took.
A worked example
A studio warrants that the film it delivers is original and that it has the right to assign it to the client, except for licensed music and footage the client supplied. When the client’s first draft asked the studio to warrant “compliance with all applicable laws worldwide”, the studio cut that line and kept the originality and rights warranties, inside the liability cap.
How it shows up in a contract
Sample wording · our own drafting
The Supplier warrants that it has the right to enter this agreement, that the Deliverables (except Client materials and third-party materials) are original to the Supplier, and that it has the right to assign or license them as this agreement says. These warranties last for [12] months after delivery and sit inside the liability cap, except for fraud.
In Plain English
The supplier promises it can do this deal, that the new work is its own (except what the client or a stock site supplied), and that it can hand over the rights this paper describes. Those promises last a year from delivery and are inside the cap, unless someone lied.
Common mistakes
- Warranting “all laws worldwide” on a small creative fee.
- Giving a warranty with no time limit and no way for the client to report a problem.
- Confusing a warranty with an indemnity and signing both as uncapped “any loss”.
- Warranting client-supplied copy or stock as if the supplier created it.
Related
The legal wording governsLast reviewed 26 October 2026Pending lawyer review