What is Severability?
Quick answer
A severability clause says that if one part of a contract is found unenforceable, the rest of the contract still stands.
A severability clause says that if one part of a contract is found unenforceable, the rest of the contract still stands. Without it, a single bad clause can void the entire agreement.
Examples
- A court strikes an overly broad non-compete but leaves the rest of the employment contract intact.
- An unenforceable arbitration provision is severed, leaving the MSA in force.
- A boilerplate severability clause at the end of a commercial lease.
Why this matters
BeforeSigning confirms severability is present and flags its absence — a surprisingly common gap in DIY contracts.
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Frequently asked questions
What is Severability?
A severability clause says that if one part of a contract is found unenforceable, the rest of the contract still stands. Without it, a single bad clause can void the entire agreement.
When does Severability matter?
BeforeSigning confirms severability is present and flags its absence — a surprisingly common gap in DIY contracts.
What's an example of Severability?
A court strikes an overly broad non-compete but leaves the rest of the employment contract intact. An unenforceable arbitration provision is severed, leaving the MSA in force. A boilerplate severability clause at the end of a commercial lease.
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