Severability

A severability clause provides that if any provision of the contract is found to be invalid, unenforceable, or illegal, the remaining provisions continue in effect. Without it, a court finding one clause invalid might potentially void the entire contract. Severability clauses are nearly universal in contracts and are generally considered standard protective boilerplate. The primary concern is subtle: severability provisions can allow bad actors to include aggressive, likely-unenforceable clauses knowing that if challenged, only that clause is removed rather than the whole deal. For example, an unenforceable non-compete may still intimidate you from leaving a job even if a court would strike it. The clause also doesn't tell you which terms a court would sever if the contract had a single core purpose that an invalid term undermined.

Severability is standard and not a reason to refuse a contract. However, use it as context: any clause in the contract that seems overreaching may have been included with the knowledge that it can be severed if challenged. If the contract contains an unenforceable non-compete, understand that the severability clause means it could be removed by a court — but you'd need to fight it first. Flag all aggressive clauses for an attorney regardless of severability.