We have all seen onerous and unfair language in contracts, waivers, releases, invoices, disclaimers, disclosures, notices. Sometimes it is in the dreaded “fine print.” Sometimes it is in large bolded, underlined print. When one party challenges such language, we often hear the response: This is “industry standard.”

Don’t agree to proposed language based on an opposing party’s assertion that it is standard or typical language.

A vendor or contractor may claim that their contract is “industry standard”. Instead of negotiating what is or is not “industry standard,” focus on the nature and scope of the services, the contract price, the risk involved and the parties’ ability to control/manage risk. These issues are far more meaningful than whether or not a term is “industry standard.”      Read the article…………