Pre-contact Clause Samples

The "Pre-contact" clause defines the rules and expectations governing interactions or communications that occur before a formal agreement or contract is established between parties. Typically, this clause outlines what information can be shared, how confidential information should be handled, and whether any obligations or liabilities arise from preliminary discussions. For example, it may specify that neither party is bound by any commitments until a formal contract is signed, or that certain disclosures made during negotiations remain confidential. Its core practical function is to protect both parties during the negotiation phase by clarifying that pre-contractual communications do not create binding obligations, thereby reducing the risk of misunderstandings or unintended liabilities.