Generate severability clauses instantly
AI writes standard severability provisions to protect contract enforceability. Get professional clauses in seconds.
Generate severability clauses instantly
River's Severability Clause Generator creates standard severability provisions for contracts. Severability clauses ensure that if a court finds one provision unenforceable, the rest of the contract remains valid. You specify the contract type and any special considerations. The AI generates a professional severability clause ready to insert into your agreement. Within seconds, you have protective language that helps preserve contract enforceability. Perfect for all contract drafters who need standard boilerplate provisions.
Unlike missing a severability clause entirely, including one protects your agreement from being invalidated because a single provision is problematic. Courts generally respect severability clauses by striking invalid provisions while enforcing the remainder. The AI generates clear language stating that invalid provisions should be reformed to the minimum extent necessary or severed entirely. You get standard protection used in commercial contracts.
This tool is perfect for all attorneys drafting contracts, paralegals preparing agreements, corporate counsel managing templates, and anyone creating enforceable contracts. Use it in virtually every commercial agreement. Great for maintaining consistent boilerplate language across contract templates. The AI creates standard clauses attorneys can include without extensive customization.
Why Severability Clauses Matter
Without a severability clause, courts in some jurisdictions might void entire contracts if a single provision is unenforceable. The traditional common law rule was that contracts with illegal or unenforceable provisions failed entirely. Modern courts are more likely to sever invalid provisions, but having an explicit severability clause removes uncertainty. The clause instructs courts to sever problematic provisions and enforce the remainder, which most courts will honor.
Severability clauses are especially important in contracts with aggressive provisions that might face judicial scrutiny, such as broad non-competes, extensive liability limitations, or unusual restrictions. If you include provisions pushing enforceability boundaries, a severability clause protects the rest of your agreement if those provisions are struck down. Without severability language, an overly broad non-compete might invalidate your entire employment agreement. With it, the court severs the non-compete and enforces the remaining terms.
Some severability clauses include blue-pencil provisions authorizing courts to modify overbroad provisions rather than striking them entirely. For example, if a non-compete restricts competition for five years but the court finds that unreasonable, a blue-pencil provision lets the court reduce it to two years rather than voiding it. Blue-pencil provisions are particularly useful in non-compete, non-solicitation, and confidentiality contexts where scope might be challenged but protection is still desired.
What You Get
Standard severability clause for contracts
Language preserving contract enforceability
Invalid provision reformation instructions
Court-respected severability terms
Ready to insert into any agreement
How It Works
- 1Specify contract typeEnter contract type and jurisdiction
- 2AI generates clauseOur AI creates standard severability provision in seconds
- 3Insert into agreementAdd clause to your contract's boilerplate provisions
Frequently Asked Questions
Do all contracts need severability clauses?
Most commercial contracts should include severability clauses as standard boilerplate. While modern courts often sever unenforceable provisions even without explicit severability language, including a clause removes uncertainty and instructs courts to preserve as much of the contract as possible. The clause costs nothing (it's standard language) and provides valuable protection. There's little reason to omit severability clauses from commercial agreements.
Will a severability clause save an entirely illegal contract?
No. Severability clauses protect contracts where a few provisions are unenforceable, not contracts that are fundamentally illegal or contrary to public policy. If the entire purpose of a contract is illegal or if removing unenforceable provisions leaves no meaningful agreement, severability clauses won't save it. Courts won't enforce illegal agreements just because they contain severability language. The clause helps when most provisions are valid but a few might be problematic.
What's the difference between severability and blue-pencil provisions?
Severability provisions tell courts to remove invalid provisions and enforce the rest. Blue-pencil provisions go further, authorizing courts to modify overbroad provisions to make them enforceable rather than striking them entirely. For example, severability might let courts remove an unenforceable 10-year non-compete. Blue-pencil language would let courts reduce it to 2 years and enforce that. Blue-pencil provisions are especially useful for non-competes, non-solicitation agreements, and other restrictions where scope might need adjustment.
Where should severability clauses go in contracts?
Severability clauses typically appear in the contract's general provisions or miscellaneous section, usually near the end before signatures. They're grouped with other boilerplate provisions like governing law, entire agreement, amendment procedures, and notice provisions. The specific location doesn't affect enforceability as long as the clause is included somewhere in the agreement. Most contracts put severability near other standard terms for easy reference.
Can severability clauses be customized?
Yes, though most contracts use standard language. Customizations might include blue-pencil authority for courts to reform provisions, specific instructions about particular clauses, or requirements that parties negotiate replacement provisions for severed terms. However, standard severability language works well for most contracts. Over-customizing boilerplate provisions can create confusion or unintended consequences. Unless you have specific needs, use standard severability language that courts are familiar with and respect.
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