Severability
In plain English
Severability is the rule that if one part of the contract is found illegal or unenforceable, the rest of the contract still applies.
Full definition
A severability clause provides that if any provision of the contract is found by a court or arbitrator to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. Severability protects the parties from a single bad clause taking down the whole deal. It is paired with a "reformation" or "blue-pencil" provision that lets the court rewrite the offending clause narrowly to make it enforceable, rather than striking it entirely. Severability matters most in non-compete and arbitration contexts, where individual clauses are most likely to be struck. From an athlete perspective, severability is generally neutral — it preserves the bargain — but read it carefully if you negotiated a key athlete-favourable concession that might survive only because of severability.
What it looks like in a contract
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and the parties shall negotiate in good faith to replace the affected provision with a valid provision that achieves the original commercial intent as closely as possible.
Synthesised from common contract patterns. Not lifted from any specific real contract.
How RevU helps
RevU's NIL contract analyzer detects severability provisions automatically — flagging the exact triggering language, scoring athlete-vs-brand friendliness, and surfacing negotiation leverage where it exists. See Boilerplate review in RevU for the full product context.
Check your contract freeRelated terms
Waiver
A waiver clause says that letting a breach slide once doesn't mean you've given up your right to enforce the contract later.
Governing Law
Governing law is the specific law (usually a state's) that will be used to interpret the contract — paired with choice of law and venue.
Survival
Survival is the rule that lists which contract provisions stay in effect even after the deal ends.
Choice of Law
Choice of law is the clause that decides which state's laws will be used to interpret and enforce the contract.