Contract Clause Library

The clauses in your contract, explained plainly

What each clause actually does, sample wording, and the red flags worth catching before you sign.

Acceptance testing clause

Defines how a client formally approves a deliverable — and what happens if they don't respond at all.

Assumptions clause

Lists the conditions the price and timeline were built on — and signals that the deal changes if any of them turn out to be false.

Audit rights clause

Gives one party the right to inspect the other's records — usage data, billing, security practices — under defined conditions.

Auto-renewal clause

Automatically extends a contract for another term unless one party gives notice by a deadline.

Cancellation clause

Sets the process and consequences for either party ending the engagement before the agreed end date.

Change order clause

Defines the formal process for adding, removing, or modifying scope after the contract is signed — and requires sign-off before extra work starts.

Client responsibilities clause

Lists what the client must provide or do — content, access, approvals, feedback — for the project to stay on schedule.

Confidentiality clause

Restricts how each party can use or share the other's non-public information during and after the engagement.

Data protection clause

Sets how personal or sensitive data encountered during the engagement must be handled, stored, and secured.

Deliverables clause

Itemizes exactly what will be produced and delivered under the engagement — the concrete list a Statement of Work usually expands on.

Dispute resolution clause

Sets the required process — negotiation, mediation, arbitration, or litigation — for resolving a disagreement before either party can sue.

Exclusions clause

Explicitly lists what is not included in the engagement — the direct complement to the deliverables clause.

Expenses reimbursement clause

Sets which out-of-pocket costs the client will reimburse, and what approval or documentation is required first.

Force majeure clause

Excuses a party from performance obligations when an extraordinary event outside its control makes performance impossible.

Governing law clause

Specifies which jurisdiction's laws apply to interpreting and enforcing the contract.

Hosting and maintenance clause

Defines whether ongoing hosting and maintenance are included after launch, and on what terms if they continue.

Indemnification clause

Requires one party to cover the other's losses, legal costs, or damages arising from specific listed causes.

Insurance clause

Requires one or both parties to carry specific types and minimum amounts of insurance coverage during the engagement.

Intellectual property clause

Determines who owns the work product — the client, the agency, or some split between the two — once it's created and paid for.

Kill fee clause

Guarantees a minimum payment to the agency if a project is cancelled or a deliverable is rejected before completion.

Late payment clause

Sets what happens when an invoice isn't paid by its due date — interest charges, late fees, or a right to pause work.

Liability limitation clause

Caps the total amount either party can be required to pay in damages if something goes wrong.

Non-compete clause

Restricts one party from working with a competitor or in a competing capacity for a defined period and geography.

Non-solicitation clause

Restricts one party from hiring or soliciting the other's employees or contractors during and after the engagement.

Out-of-scope clause

States directly that any work not listed in the deliverables or SOW requires a separate change order and additional fee before it begins.

Payment schedule clause

Sets when and how the client pays — a deposit, milestone payments, monthly retainer — and the amount due at each point.

Publicity / case study clause

Grants (or withholds) permission to publicly reference the engagement — in a portfolio, case study, or marketing material.

Renewal clause

Sets the process for extending an engagement into a new term, whether automatic or requiring active agreement from both sides.

Revision limit clause

Caps the number of feedback-and-revision rounds included in the fee before additional rounds are billed separately.

SLA clause

Sets the measurable performance standards a vendor commits to — uptime, response time, resolution time — and what happens when they're missed.

Subcontracting clause

States whether — and under what conditions — an agency can bring in outside contractors or firms to perform part of the work.

Termination clause

Sets the conditions under which either party can end the agreement entirely, including for-cause termination and its consequences.

Third-party costs clause

States how costs for outside tools, licenses, or vendors used on the project are billed — passed through, marked up, or included in the fee.

Timeline clause

Sets the project schedule — key milestone dates, the final delivery date, and what happens if either side causes a delay.

Warranty clause

States what the agency guarantees about the delivered work — that it will function as specified, be free of known defects, or meet stated standards — for a defined period.

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