BeforeSigning

Glossary

Plain-English definitions for the terms that tend to trip people up in the documents BeforeSigninganalyzes. Each one includes real examples and why it matters when you're making a decision.

Auto-Renewal

An auto-renewal clause automatically extends a contract for another term unless one party gives written notice within a set window.

Force Majeure

A force majeure clause excuses a party from performance when extraordinary events — war, natural disasters, pandemics — make performance impossible or impractical.

Indemnification

An indemnification clause shifts liability — one party agrees to cover losses, damages, or legal fees the other party incurs from specified events.

Liquidated Damages

Liquidated damages are a pre-agreed dollar amount payable if a party breaches — commonly used when actual damages would be hard to calculate.

Master Service Agreement

A master service agreement (MSA) is an overarching contract that sets the general terms for an ongoing relationship, with specific projects defined in separate statements of work.

Merger Clause

A merger clause (or integration clause) states that the written contract is the complete and final agreement, overriding any prior discussions or side promises.

Non-Compete Clause

A non-compete clause restricts you from working for competitors or starting a competing business for a set time and geographic area after leaving.

Non-Disclosure Agreement

A non-disclosure agreement (NDA) is a contract requiring one or both parties to keep specified information confidential.

Service Level Agreement

A service level agreement (SLA) defines the performance standards a vendor must meet — uptime, response times, support hours — along with the remedies (usually service credits) if they fail.

Severability

A severability clause says that if one part of a contract is found unenforceable, the rest of the contract still stands.