Waivers Clause

This provision also covers waivers and states that “Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.” This means that if you and your client agree to a modification of the contract one time, it doesn’t mean that that approves any and all modifications in the future automatically (even if it’s for the same type of modification). It means that each modification must be agreed upon, in writing, each time, by you and your client.

So for example. Let’s say that the gallery unarchival fee was $25, but I waive it for customer service reasons. This miscellany provision means that just because I waived a fee once that is stated in the contract that the client has to pay, doesn’t mean that the rest of the contract is invalidated (or that I have to waive the fee again if they ask for their gallery to be unarchived a second time). And this is important because it allows you to provide great customer service in some situations, but doesn’t require you to if you don’t feel it’s appropriate. So if you do decide to amend this contract in any way, do not delete this provision.

So we have a waiver of provision (like the example with the unarchival fee). An example of a waiver of breach would be if the client doesn’t pay by a certain date but you say that’s ok. Everything in the contract is still intact even though I’ve waived that particular breach of contract. (But it also means that just because I waived one late payment doesn’t mean that all future late payments are waived too.)

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