What Is a Severability Clause?
Severability is a contract provision stating that if one part of the agreement is found invalid or unenforceable, the rest of the contract still stands. Also called a "savings clause," it protects the overall deal from being destroyed by a single problematic term. Without it, a court that strikes one clause might in some cases refuse to enforce the entire contract.
How It Works
- If a court finds a provision unenforceable, that provision is "severed" (removed)
- The remaining provisions continue in full force
- Some clauses also let the court reform an overbroad term to the extent it is enforceable
Why It Matters in Florida Contracts
Severability clauses are especially important where a contract contains a term at risk of being struck — for example, an overly broad non-compete or a questionable arbitration provision. The clause signals the parties' intent that the agreement survive even if one piece fails. Courts generally respect severability, though they will not rewrite a contract so fundamentally that severing a key term defeats its essential purpose.
Related Terms
- Unconscionability — A reason a term may be severed
- Breach of Contract — Claims that survive a severed term
- Voidable Contract — Distinguished from severing a single clause
Barnes Walker
Barnes Walker's attorneys draft and review contracts with enforceable severability and savings provisions for Florida businesses. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC