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Contract Red Flags: Warning Signs in Commercial Agreements

Published 15 August 2025

Most contracts you'll encounter are reasonable. But some are lopsided, designed to extract maximum value from you while leaving you holding the risk. Learning to spot these red flags can save you from a bad deal.

Unlimited liability and broad indemnification

A contract should cap how much either party can owe the other. Watch for broad exceptions to liability caps. Also avoid indemnification clauses that require you to cover the other party's legal liabilities from their own negligence or breach.

One-way termination rights and automatic renewal

Some contracts give one party the right to terminate without cause while the other is locked in. This is asymmetric and unfair. Similarly, automatic renewals with short opt-out windows can trap you. Negotiate for balanced termination rights and 60+ days to opt out before auto-renewal.

Vague definitions and unilateral amendments

Vague language creates disputes. Ensure contracts are specific about obligations. Watch for unilateral amendment rights allowing one party to change terms without consent. Core terms (price, liability, term) should require mutual agreement to change.

IP ownership, data rights, and confidentiality

Ensure you own or retain licences to IP you create. Protect your data from being used for marketing or sold to competitors. Negotiate confidentiality clauses that apply only to genuinely confidential information, not publicly available data.

Red flags summary

Get a solicitor to review contracts before signing. They'll catch unfair terms, flag overly broad language, and suggest negotiation points.

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