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1/2/2022 0 Comments

Contracts with Typical Boilerplate Provisions

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Make sure you understand the boilerplate language in a contract before signing

Despite the fact that boilerplate provisions are frequently neglected in contracts as basic non-negotiable phrases, they often create vital rights and can be adjusted to benefit one party over the other. Before signing any contract, make sure you read and understand all of the clauses and, if necessary, negotiate to amend them

What is a Boilerplate Provision?

The phrase "boilerplate" refers to some common terms that are frequently found at the end of a contract. These clauses detail how a dispute between the contractual parties will be resolved, including who will pay attorney's fees, the right location for bringing a lawsuit, and whose law will apply in the event of a dispute.

Which boilerplate clauses are included and how they're written can have a big impact on your contract's rights and liabilities. An indemnification agreement, for example, might be written as a cross indemnity, in which both parties agree to indemnify each other, or as a one-way indemnity, in which only one party agrees to indemnify the other. If you wind up in a contract disagreement or lawsuit, you don't want to simply sign off on these conditions without properly understanding them.

Contracts with Standard Boilerplate Provisions

Here are some examples of boilerplate clauses and what they typically cover. However, depending on the exact language used and the items covered in the clause, these requirements can vary greatly.

  • Law of your choice. In the event of a lawsuit, a choice of law clause decides which state's legal norms will be implemented.
  • Jurisdiction. A jurisdiction provision specifies where the case must be filed (which state and county).
  • Indemnification. In an indemnity agreement, one or both parties agree to reimburse the costs of certain contract-related disputes filed by third parties (that is, people who are not parties to the agreement).
  • Warranties. These are assurances or pledges made by one or both parties on certain contract obligations.
  • Confidentiality. This ensures that neither party, or both, will reveal sensitive information.
  • Assignment. This has an impact on one or both parties' capacity to sell or transfer their rights under the contract to a third party.
  • Waiver. This allows the parties to waive or waive their right to sue for breach of a specific agreement term without waiving any future rights related to that provision.
  • Damages are limited. This limits the sorts of damages that can be awarded to one or both parties in a contract dispute by putting a limitation on them.
  • There is a case of force majeure. This line says that if there are any unanticipated calamities, the agreement would be suspended (such as earthquakes, hurricanes, floods, and so on).
  • Fees and expenses incurred by attorneys. In the event of a legal disagreement or lawsuit, the parties agree on how and when attorney's fees and charges would be paid.
  • Arbitration. The parties agree that any contract issues will be resolved through arbitration rather than a lawsuit.
  • Waiver of a jury trial. The parties agree to waive their right to a jury trial in favor of a judge hearing the case (if the dispute is in court).
  • Severability. This allows a court to sever (remove) an invalid clause while maintaining the rest of the agreement.
  • Attachments. This stipulates that attachments and exhibits shall be included in the contract.
  • Escrow. This feature allows you to make payments into a unique account that will only be formed under particular circumstances.
  • Notice. This explains how each party must give the other notice.
  • Relationships. This precludes either party from claiming a business relationship with the other (for example, by claiming that the parties are partners or that one is an employee of the other).
  • Headings. The headers used throughout the agreement have no special meaning, according to this provision.
  • Integration. This means that the written contract constitutes the parties' ultimate agreement.
  • Counterparts. This establishes the parties' right to execute (sign) copies of the agreement without all parties being present at the same time to sign them all.

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​​​​​​​​​​Yoel Molina, Esq. (AKA “Mo”)

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    Yoel “Mo” Molina, I am a lifelong resident of Miami, Fl.  I am a graduate of Miami Senior High, Class of 1992, Georgia Institute of Technology, B.S.  1997 and University of Maine School of Law, J.D. 2001.  I have been practicing law in Miami Since 2001. I am a former training prosecutor in the Miami-Dade State Attorney’s Office.  I have experience in jury trials, appeals, and administrative hearings. I have appeared before judges across the State. My experience ranges from civil litigation matters, collection matters, foreclosure, business and corporate, contracts, real estate, leases and employment matters..

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"Mr. Molina has always been there for us with timely, reliable and competent advice. He is an important and valuable part of our team."  Corporate Client Eric Delgado, President of American International Export, Inc., a worldwide importer and exporter of brand name appliance parts.
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"My name is Anastasia Yecke Gude and I am the owner of Healing Hands Therapeutic Massage LLC.  In the process of my company’s growth and expansion, I suddenly found myself a few weeks ago in need of a 1099 contractor agreement, and I needed it ASAP.  As in, the very next day!  I contacted the Law Office of Yoel Molina and his assistant put me in touch with Mo.  I sent him what I had drafted up and he replied within a few hours with suggested revisions and clarifications, as well as a few insights I had not even considered.  I was thoroughly impressed by the quality of work he provided, especially considering the time crunch I put him in (sorry, Mo!).  I definitely recommend his services to anyone in need of a good contract attorney, and I will be calling him again for future work…hopefully in less of a rush next time!"