Boilerplate that matters- Don't let the fine print get in the way

Reading the 'fine print' on a multiple page contract can induce headaches in most people. That being said, as a business owner you will discover, if you have not already, that when things go sideways, the devil is indeed in the details.

Your expertise in the products or services provided by your business are your avenue to success.  Arbitration clauses, indemnification provisions, and attorneys fees allocations are some of the things that only really matter when things go wrong. However, they are nearly always determined by what is agreed up front, when neither party to a contract wants to appear too nit-picky or to give the appearance of thinking things might later go wrong. Much like a prenup has to be drawn up in advance of the wedding when the parties have the leverage to negotiate, so attention to the boilerplate has to be given at the outset.

But there's a way to handle this that will ease the inherent tension that comes when working out the details of how to resolve a dispute long before any dispute can be visualized. Make your attorney the 'bad guy'- hand the proposed contract off to your counsel and they can do the work of reviewing it with your interests in mind, and by shoring up any weak provisions and ensuring fairness in the written agreement they can help ensure that you get what you intended from the agreement. Meanwhile you can continue to provide the excellent products or services that brought the other party to your door in the first place.