Legal Definitions - boilerplate

Boilerplate refers to standard, pre-written language that is routinely included in legal documents, particularly contracts.

This language is often generic and not specifically negotiated for each individual transaction. Instead, it serves as a foundational set of terms that apply broadly across similar types of agreements, helping to ensure consistency and cover common legal eventualities.

• Example 1: Software License Agreement

  When you download and install a new software application, you are typically presented with an End-User License Agreement (EULA). This agreement often includes standard clauses such as a disclaimer of warranties, a limitation of liability, and a statement about the governing law. These sections are boilerplate because they are pre-written and appear in the EULA for every user, regardless of their individual circumstances, and are not open for negotiation. They provide a standardized legal framework for all users of the software.

• Example 2: Residential Lease Agreement

  A standard residential lease for an apartment will contain numerous boilerplate provisions. Examples include clauses detailing the landlord's right of entry, the tenant's responsibility for minor repairs, or a "severability" clause stating that if one part of the lease is found invalid, the rest of the agreement remains in effect. These are standard clauses used in most leases by that landlord or property management company, designed to cover common legal situations without needing to be drafted anew for each tenant.

• Example 3: Business Service Contract

  In a contract for professional services between two businesses, you will often find boilerplate clauses at the end. These might include an "entire agreement" clause (stating that the written contract is the complete and final agreement between the parties), a "force majeure" clause (excusing performance due to unforeseen events like natural disasters), or a "waiver" clause (stating that a party's failure to enforce a right doesn't mean they've given it up permanently). These are standard legal provisions included to provide a comprehensive legal framework for the agreement, rather than being unique terms specifically negotiated for that particular service.