The Contract Playbook

016: Behind the Boilerplate: Negotiating Every Clause in Contracts

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Summary:

Welcome back to The Contract Playbook! This season, we’re diving deep into the so-called “boilerplate” provisions found in nearly every contract. These aren’t just filler terms—they’re crucial clauses that shape the deal and impact your clients. Join host Casey Handy-Smith, an experienced Entertainment and IP attorney, as she debunks the myth of the boilerplate and explains why these terms should never be ignored. In this episode, we set the stage for the season by tackling common misconceptions about boilerplate clauses and why it’s essential to negotiate them. We discuss why brands may resist changes to these provisions and how to approach these negotiations without feeling discouraged.

Key Takeaways:

  • The Myth of the Boilerplate: Boilerplate provisions are often misunderstood as standard and unchangeable, but each clause has the potential to affect your deal significantly.
  • Why Brands Resist Change: Brands prefer to stick with their templates to avoid disrupting their processes, but this doesn’t mean you shouldn’t ask for changes. A brand’s unwillingness to negotiate these terms isn’t a reflection on your abilities as a negotiator.
  • The Danger of Vague Language: Vague clauses are risky and open the door to misinterpretation. Never settle for unclear terms. Listen to a story about how a simple clarification on an indemnification clause helped one of our members limit their creator’s liability.
  • Asking the Right Questions: Understand the stakes and potential risks for your client by asking key questions about the purpose of each clause. Legal support is invaluable for identifying these risks and negotiating stronger contracts.

    • Links & Resources:

    The Contract Collective™ – Access the AI-powered Influencer Agreement Playbook and join a community of influencer talent managers and creators who are leveling up their negotiation skills.

    Boss Contract Society – Check out our selection of lawyer-drafted contract templates designed to protect your business and IP.

    Follow Casey on Instagram – Stay connected and get more insights on navigating contracts in the entertainment and influencer spaces.

    Subscribe & Review: If you enjoyed this episode, be sure to subscribe to The Contract Playbook so you don’t miss a single episode. Please take a moment to rate and review the podcast—it helps more people discover our show and join the community!

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    The Contract PlaybookBy Casey Handy-Smith, Esq.