Legal Glossary
Severability Clause
A provision stating that if one part of a contract is found unenforceable, the rest of the contract remains in effect.
Legal Definition
A severability clause (also called a savings clause or separability clause) states that if any provision of the contract is found to be illegal, invalid, or unenforceable by a court, that provision will be severed from the agreement — but the remainder of the contract will continue in full force and effect. Without a severability clause, a court finding one provision unenforceable could potentially invalidate the entire contract. Severability clauses appear in virtually every commercial contract, terms of service, employment agreement, and software license.
In Plain English
A severability clause is essentially an insurance policy for the rest of the contract. It says: 'If a court decides that one part of this agreement is illegal or unenforceable, that part gets removed — but everything else stays in effect.' This is important because contracts sometimes include clauses that turn out to violate local law (a non-compete that's unenforceable in a particular state, or a limitation of liability that contradicts consumer protection law). Without severability language, a court striking one provision might void the whole agreement. With it, only the offending clause is removed. You'll see this in nearly every contract you sign — it's usually near the end in the 'miscellaneous' or 'general provisions' section.
Real-World Example
A software company's terms of service include a mandatory arbitration clause that a California court finds unenforceable under state law. Because the ToS contains a severability clause, the court strikes only the arbitration provision. The remaining terms — data usage rights, subscription terms, cancellation policy, IP license — remain fully in effect. Without the severability clause, the entire ToS could have been challenged as invalid.