Severability
A severability clause says that if a court finds one part of a contract invalid or unenforceable, that part is removed and the rest of the contract still stands.
Updated November 5, 2026 · 1 min read
Why it matters
Without one, a court may decide the bad provision was so central that the whole agreement fails. A severability clause shows the parties wanted the rest to survive. It isn't absolute: if the struck term was the heart of the deal, such as the price, a court can still find nothing workable is left.
Strike it or reform it
Some clauses also ask a court to rewrite an overbroad term to the most the law allows, instead of striking it entirely. Courts differ here: some will narrow a term, some will only cross out words, and some won't rewrite a contract at all.
An example
An employment agreement has a five-year, nationwide non-compete that a court finds unreasonable. Thanks to the severability clause, the non-compete falls away or is narrowed, while the salary, confidentiality and other terms stay in force.
Questions? Answers.
Where does a severability clause go?
Usually in the general provisions near the end, alongside governing law, notices and the entire agreement clause.