Contracts
Master Service Agreement
Texas
What should be included in my master services agreement?
I am a small business owner who is in the process of entering into a Master Service Agreement with an outside party. I am looking for guidance on what should be included in the agreement in order to ensure that my interests are protected and that all parties involved are aware of their rights and responsibilities. I am seeking legal advice on this matter to ensure that the agreement is comprehensive and legally binding.
1 Attorney answer
Answer
Contracts
Texas
Kathryn K.
ContractsCounsel verified
The critical terms for an MSA will vary widely depending on your industry and the nature of the transaction. Generally speaking, MSAs should include terms addressing: term, termination, structure of the transaction (i.e., are multiple SOWs contemplated), intellectual property ownership, limitations on liability, indemnification, warranties, timing and payment terms, and confidentiality. Those are what I would call the material terms that are critical to setting the expectations of the parties, protecting your interests, and most likely to come up in the event of a dispute. There are myriad other issues that are slightly less important but still need to be addressed, including everything from dispute resolution to assignment to independent contractor status. Depending on your industry, you may need highly detailed sections on data protection and service levels, or not need any language on those issues whatsoever. I highly recommend you consult with an attorney who has experience in drafting MSAs and can prepare a template for you to use for this transaction and all similar deals moving forward. Please note this is not legal advice and this message does not create an attorney-client relationship; I do, however, have extensive experience in commercial contracts and would be happy to assist.
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