Split declaration

What is it?

Signature blocks often have some sort of a ‘declaration’ attached. For example, consumer contracts typically say ‘I have read and understood the terms of business’.

A split declaration is where separate signatures are required for individual clauses or sections.

What problems does it solve?

People may sign a contract without reading it properly, or having missed key clauses. Moreover, in some jurisdictions, a separate signature may be required to demonstrate informed consent to certain provisions.

When to use it?

Use a split declaration where you need to slow people down and check they have understood key clauses or sections.

Why use it?

Use it where there is a risk of people making wrong assumptions about the contract content – either because they are not contract experts (for example, they may be consumers or small businesses) or because problems have arisen with particular clauses not being fully understood. For example, although usually poorly designed in other respects, car rental agreements typically require the customer to sign or initial in several places as proof they specifically agree to certain clauses or choices.

Where to use it?

• Contract documents
• Signature blocks
• Declarations
• Policies

© 2022 Rob Waller.
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