Skip to content
  • Solutions
    By firm size or type:
     
    New & Growing

    New, Growing & Boutique Firms
    Smarter Drafter delivers immediate results for firms just starting out.
    Learn More  


     
    By feature:
     
    online-intake-forms

    Instruction
    Reshape your client engagement and move instruction-taking online.
    Learn More   

     

    eSignature
    Send documents for eSigning with just a few clicks.
    Learn More   

     
     
    Mid & Major

    Mid & Major Firms
    Transform how knowledge is shared and utilised within your firm.
    Learn More   


     
     
     
    document-assembly

    Assembly
    Create complex legal documents in a fraction of the time.
    Learn More   

     
    save-to-practice-management

    Save
    Combine document automation with document management.
    Learn More   

     
     
     
     
     
     
     

     
     
     
    Complete in Word Icon

    Complete in MS Word
    Complete the final version in an environment you know.
    Learn More   

     
    BYO

    Build Your Own
    Automate your existing precedents with Smarter Drafter's BYO functionality.
    Learn More   

     
  • Precedents
    Generalist

    Essentials

    Cover all major practice areas and unlock immediate results with Smarter Drafter ‘Essentials’ precedent bank.

    Specialist

    Specialist
    Access precedents dedicated to your specific practice area via Smarter Drafter content partners.

     
    BYO

    Build Your Own
    Automate your existing precedents with Smarter Drafter’s BYO capability.

  • Resources
  • Get started
All posts

Services Agreements: Indemnity & Limitation of Liability provisions

Ensuring compliance with the Unfair Contracts Regime.

Towards the end of 2023 Smarter Drafter announced a series of precedent updates that ensured compliance with the expanding scope of unfair contract terms (click here to learn more). 

Now based on customer feedback, the Smarter Drafter team have further refined the standard Indemnity and Limitation of Liability (LOL) clauses within our precedents. These are often included in contracts but have particular potential to be unfair if the circumstances of the parties and the matter are not taken into consideration. This has led to the following precedents being updated: 

  • Services Agreement for a Single Client
  • Terms of Business for Services
  • Independent Contractor Agreement

Customise the scope of indemnities 

With Smarter Drafter, you can now customise the scope of the indemnities under the agreement with options to specifically:

  • Include third-party claims arising out of the agreement
  • Or exclude:
    • losses caused or contributed to by the indemnified parties
    • consequential or indirect costs
    • other particular costs or losses relevant to your matter (‘type your own’)
  • And limit the period for which the indemnity survives the termination of the agreement

Updated wording

The drafting of the precedents has also been reviewed to remove wording giving rise to potential unfairness.  

While the changes to wording have been made to ensure fairness, you should of course always review your final document in the context of your matter and we have added guidance notes to this effect.

Services Agreements Update MAY24