5 Contract Clauses That Cost Small Businesses Thousands
1. Auto-Renewal Clauses
Auto-renewal clauses automatically extend your contract unless you cancel within a narrow window. Look for phrases like "shall automatically renew." Negotiate for explicit renewal requiring both parties to sign.
2. Low Liability Caps
A liability cap limits damages. If capped at $5,000 on a $150,000 project, you are exposed. The cap should be at least equal to total contract fees.
3. One-Sided Indemnification
If only you indemnify the other party, it is one-sided. Make indemnification mutual — both parties cover losses from their own negligence.
4. IP Grabs
Watch for "all work product shall be sole property of Client." Specify you retain pre-existing IP and grant a license for deliverables.
5. Hidden Termination Costs
Check notice periods, kill fees, and post-termination restrictions. Negotiate 30-60 days notice and payment for work completed.
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