6 Overlooked Contract Clauses That Protect You

Contract Clauses that deserve more attention than they get…

So many contracts are skimmed for the headline numbers, price, deliverables, and timeframes, but the real risk management often sits quietly in the fine print.

Here are a few key clauses that should not be overlooked:

• IP & Confidentiality: Who owns what during and after the contract? Who can say what, and to whom?
• Privacy – Will either party handle personal data? The Privacy Act needs to be front of mind.
• Insurance & Indemnities – Are the right protections in place, especially for high-risk work?
• Warranties – Are any promises being made that, if breached, could independently lead to a claim?
• Force Majeure – What happens if something totally unexpected (pandemic, war, natural disaster) prevents performance?
• Dispute Resolution – Is there a plan to resolve issues without going to court?

Bonus tip: If you are ever asked to agree to an indemnity, make sure you understand what that really means—then get advice.

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