I received an offer from a company to work as an independent software developer contractor. The agreement contains some clauses that specify that I should indemnify the company.
This one agrees to have unlimited liability and forces me to have insurance. I asked about what the mentioned "adequate cover" and what are the mentioned "reputable insurers accepted by the company" but I received no answer from them.
You shall have personal liability for and shall indemnify the Client or any of its Affiliates for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from the provision of the Services and shall maintain in force during the period of this agreement adequate insurance cover with reputable insurers acceptable to the Client.
The next one looks to me like I'm giving up my right to raise any claim or sue them. Is this ethical to do? is this a red flag?
You shall be fully responsible for and indemnify the Client against any liability, assessment or claim for:
(a) taxation whatsoever arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law; and
(b) any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against the Client arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission of the Client.
My question is if this is a common practice or this's a red flag and I should avoid working for them.