In our experience, most people in a genuine negotiation will easily find common ground if they remain engaged in a process of communication and discovery. The phrases ‘industry standard’ (aka ‘I will not rationally justify this position’) and ‘non-negotiable’ (aka ‘that’s the end of the conversation on this issue’), represent the amateur approach.
Limitation of liability clauses are a great way for parties to a contract to limit, manage or allocate risk between them.
Indemnities are often treated like a ‘standard’ or ‘boilerplate’ contract clause, when they are anything but. If they are ignored or overlooked, you could be in trouble when something goes wrong. However, when used properly, indemnity clauses can help you to manage your risk when entering into an agreement.