c/contract-clause-check

Just got my first contract reviewed for free at the library's legal clinic... and wow, the 'indemnity' section was a trap.

Can we talk about how people keep messing up the 'entire agreement' clause?

Honestly, I just had a small job go sideways because the other party tried to use an old email chain as part of our deal. The contract I wrote had a standard 'entire agreement' clause saying only what's in the signed document counts. Tbh, I thought it was solid. But my lawyer friend in Tampa looked it over and pointed out my clause was too weak. It didn't specifically say that all prior talks, emails, and drafts were replaced. So the other guy argued our early emails about scope were still valid, even though the final contract was different. It cost me about $400 and a week of back and forth to sort out. Ngl, I see this same vague wording in a lot of templates online. How do you guys write yours to really shut the door on anything outside the four corners of the paper?

Hot take: my 'standard' indemnity clause just cost me $4,000

I had a contract for a website build with a marketing agency in Austin. Their boilerplate said I'd cover any legal costs if my work caused a problem. I figured it was normal. Then they used my code in a way that broke a third-party plugin, and the plugin company sued them. The agency invoked my clause, and I had to pay their $4,000 legal bill last month. I think these clauses are way too broad if they cover the other party's own mistakes, but my lawyer friend says they're just part of doing business. Has anyone else pushed back on this and gotten a more balanced clause accepted?

A client's note about my 'standard' indemnity clause made me rethink everything

About six months ago, a client in Portland sent back my services contract with a single line highlighted: 'This makes you responsible for things you can't control.' They were right. My old clause said I'd cover any third party claim, even if it came from their own mistake with the data I gave them. I rewrote it to only cover claims from my direct work. Anyone else had to fix a clause that was too broad?

My neighbor said all liability clauses are basically the same boilerplate

He was reviewing a contract for a side job and told me 'it's all standard, you just sign it.' I pulled out my old warehouse supervisor agreement and showed him how the indemnity language in paragraph 4.2 would have made me personally responsible for a $12,000 forklift repair. Has anyone else caught a clause that looked normal but was a total trap?

Serious question, I was at the library in Boise and saw a guy signing a lease for a storage unit right at the counter.

He didn't read any of it, just flipped to the last page. Made me wonder how many people sign things without checking the liability clause. Do you always read the whole thing first?

Honestly, I've been letting clients sign my contracts with a digital signature from any random app for years. A freelancer in my co-working space in Phoenix just told me that's not legally binding in our state for anything over $500.

My freelance contract hit a weirdly specific word count and it bit me...

I was reviewing a new client's contract and noticed the 'termination for convenience' clause was exactly 250 words... which triggered a weird fee in my own template. I'd set a rule that any clause over 200 words needed a summary, but I forgot I wrote that. So my own system flagged my review with a 'complexity charge' for the client. Has anyone else had a milestone in a contract that came back to surprise them?

Honestly, I saw a contractor's 'change order' clause in a coffee shop in Boise that was basically a blank check for them.

Can we talk about the 'final and binding' clause in a service contract?

Honestly, I had to pick between two freelance web design contracts last month. One had a standard arbitration clause, but the other said any dispute would be 'finally and bindingly settled' by a single person the client picked. That last part felt off. I went with the first one, even though the pay was a bit less. Ngl, it was a good call. A small issue came up about extra revisions, and we used the normal arbitration process. It was fair and had clear rules. If I'd taken the other job, the client could have just chosen their friend to decide. Has anyone else seen a clause that lets one side pick the judge with no rules? How did you handle it?

Shoutout to the lawyer who told me to always add a 'kill fee' clause for creative work

Back when I was starting my freelance design business, a client ghosted me halfway through a big website project. I had already put in about 40 hours of work with no payment. My contract just said payment was due upon completion. A lawyer friend looked it over and said I needed a specific clause for this. She helped me write a simple 'kill fee' term stating that if the client cancels the project after the first draft, they owe 50% of the total quote. I added it to my standard contract template. It saved me from a total loss on two different jobs last year. Has anyone else found a specific clause that protects you when a project gets cancelled?

Just caught a sneaky 'work for hire' clause in a freelance graphic design contract

I was reviewing a job for a brewery in Denver and almost missed that they'd own everything I made, even unused sketches and concepts. I had to add a line saying I keep rights to preliminary work and can use it in my portfolio. Has anyone else had to push back on a clause like that?

Question about a 'standard' indemnity clause my lawyer friend flagged

My lawyer friend insisted I push back on a vendor's 'standard' indemnity clause that would have made my small business cover their legal fees for ANY third-party claim, even if they were at fault, and after a six-month negotiation they finally agreed to a mutual, fault-based version that saved me from a potential $15,000 liability last quarter.

Appreciation post: A single word in my service agreement saved me from a huge headache

My old contract for my side gig just said I'd get paid 'upon project completion'. A client last month took that to mean 60 days after I finished, which really hurt my cash flow. I changed it to 'net 15 days from the date of final invoice submission' after getting advice here. The next client paid in 12 days, no questions asked. Has anyone else had a simple wording change make that big of a difference?

Just realized my 'force majeure' clause saved me from a $12k hit when a supplier went under

I always thought it was just boilerplate until a concrete admixture company folded last Tuesday and my contract's specific wording let me cancel the order without penalty, so what other 'standard' clauses have you guys actually had to use?

Shoutout to the old guy at the supply yard who saved me from a bad clause

Back in 2015, I was about to sign a job for a big tile install in a Tacoma condo, and the payment terms said 'net 90'... I just figured that was normal. The guy checking me out saw the contract on my passenger seat and said, 'Kid, you'll be buying the materials for that job three times over before you see a dime.' I changed it to 50% up front, 50% on completion after that talk. What's the one contract line you almost missed that someone else caught for you?

Question about a 'final and binding' arbitration clause in a freelance web dev contract from a Denver client last week

My lawyer says it locks me out of court and could be costly, but the client argues it's standard and keeps disputes simple, so has anyone here successfully negotiated a fairer version or walked away from a deal over this?

Update: I thought the 'perpetual license' clause in my software contract was solid, but my lawyer flagged it.

I was drafting a contract for a custom app I built for a client in Austin, and I included a line saying they had a 'perpetual license' to use it. My lawyer read it and said that without defining 'use' and 'support', they could demand updates forever for free. I had to rewrite it to specify version 1.0 only and separate support terms. Has anyone else had a standard term blow up like this?

Pro tip: I added a simple 'scope creep' clause to my contracts and it saved me from a $3,000 headache last month.

For years, my contracts just listed the job and the price. A kitchen floor install in Tacoma would be a set number, and any extra work was a handshake deal. That changed after a job six months ago where the client kept asking for 'tiny' extras, like extending the flooring into a closet and adding a transition strip to the pantry. It ate up a whole extra day of my time and materials, but I felt awkward charging for it. Last month, I started using a new template that has a specific section titled 'Additional Work.' It says any work outside the original written description requires a written change order with a new price and timeline, signed by both of us. On my very next job, the client asked to add a heated floor system after I'd already started. Because of the clause, I could pause, write up a clear addendum for the extra cost and two-day delay, and get it signed. It kept everything clean and professional. Has anyone else found a specific phrase that works well to define the original job scope without sounding too rigid?

Shoutout to the subcontractor in Dallas who pointed out a vague 'force majeure' clause in my supply agreement last Tuesday.

He argued it only covered 'acts of God' like floods, but I think it should also cover material shortages from a port strike, so what specific terms do you all add to yours?

Update: I had a client push back hard on my standard 'kill fee' clause last month

I was drafting a contract for a website copy job, about $4,500 worth of work. My standard clause said if they canceled the project after I started, they'd owe 50% of the total fee. The client, a small business owner in Tampa, emailed me saying it was unfair and they'd only pay for hours logged. I held my ground, explaining that a kill fee protects me from losing other work I turned down for their slot. It got pretty tense for a week, with them threatening to walk. I finally sent a clear breakdown of my scheduling process and they signed, but it was a rough patch. Has anyone else had to defend a kill fee clause recently? How do you explain its value without sounding greedy?

TIL everyone's obsessed with 'termination for convenience' clauses but they're missing the real killer

I keep seeing people focus on the exit clause while ignoring the 'survival' section that keeps obligations alive forever. My last contract had a confidentiality term that survived for 5 years post-termination, which is a huge liability if you're not tracking it. Anyone else get burned by a sneaky survival clause they didn't negotiate?

Question about a 'survival of obligations' clause in a software dev deal

My accountant, who used to be a corporate lawyer, said the phrase 'survival of obligations' in my last contract was a red flag because it can keep me on the hook for indemnity claims forever, so I'm asking what's a fair time limit to ask for instead, like 2 years after the project ends?

Showerthought: My sister's divorce lawyer pointed out a sneaky clause in her house sale contract

We were talking over coffee yesterday and she said her lawyer flagged a line about 'future improvements' that would have let the buyer claim rights to any work she did after closing. It was buried in a paragraph about property condition. I've been staring at my own work contracts all afternoon now, looking for that kind of hidden trap. Has anyone else found a clause that gave away way more than it seemed to at first glance?

Just found out my 'standard' non-compete clause is basically unenforceable in my state

I've been signing freelance contracts for years, always skimming over the non-compete section because I figured it was just boilerplate. The one I signed last month for a six-month project in California had the usual line about not working with similar clients for a year after. I was about to turn down a great new offer because of it. Then my friend, who's a paralegal, asked to see my agreement over lunch. She pointed at the clause and laughed, saying California law makes those almost impossible to enforce for independent contractors. I felt like a total fool. I'd been limiting my own income and turning down work based on a scary paragraph that had no real teeth here. All that worry for nothing. Has anyone else in a state with strict non-compete laws had to push back and get that section removed before signing?