Question:

Should I include a non-waiver and severability clause in my agreement?

Answer:

Yes, these clauses are a very important part of any agreement!

The non-waiver portion allows you to waive anything in the agreement as you choose. It’s good to have a proper non-waiver in your agreement that points to something specific because if you don’t, you could unintentionally waive everything in the agreement.

The severability portion is important in situations of legal interventions. Let’s say for example that there is a legal dispute and you and another party go to court. If the court decides that part of the agreement in dispute is invalid, they may strike that portion. Having a severability clause allows provisions of an agreement to be struck without invalidating the whole agreement. Only those provisions struck become invalid, but everything else in the agreement remains binding.

If you have any additional questions about these clauses, feel free to reach out to our team at bertie@inbetterwetrust.com and we’ll get back to you!