A basis for exemption from and reduction of liability of the author under the author’s order agreement

The research substantiates the feasibility of considering the author (a citizen and a self-employed entrepreneur) as a weak point of the author’s order agreement. The problem of creative failure when there is no author’s fault is investigated. The concepts of risk and creative risk are analyzed. It is noted that the risk in the author’s order agreement is reflected in the possible non-fulfillment of the desired result due to both objective circumstances and subjective assessment by the customer. The creative risk in the author’s order agreement should be taken into account when establishing the terms and scope of responsibility of the author. The author should be released from liability for non-performance of the above-mentioned agreement if the risk occurs. At the same time, the customer should have the right to return the advance payment, since it is submitted on account of the remuneration stipulated in the agreement.