What clauses are required in a United States Service Agreement?

United States law requires specific provisions including: Scope of Services, Service Warranty, Limitation of Liability. contract.diy automatically includes all mandatory clauses with proper legal citations when generating your Service Agreement.

What terms are prohibited in a United States Service Agreement?

Under United States law, certain provisions are void or unenforceable, including: Unconscionable limitation of liability in consumer contracts. contract.diy is built to avoid these terms and will warn you if your description suggests including something that's not legally permissible.

How does contract.diy ensure my Service Agreement complies with United States law?

Every generated contract goes through 7 automated compliance checks specific to United States. These cover mandatory provisions, prohibited terms, proper citations, and formation requirements. Any issues are flagged before you download.

Can I use this Service Agreement template outside of United States?

This template is specifically tailored to United States law. Using it in another jurisdiction may result in missing requirements or including provisions that don't apply. We recommend generating a new contract with the correct jurisdiction selected for full compliance.

enhanced

Service Agreement for United States

Generate a service agreement that complies with United States law — with 7 mandatory clauses and 7 compliance checks built in.

Generate This Contract

Free to start · No account required

Key legal considerations

Generate a US service agreement. Key considerations: 1. SERVICES vs. GOODS: If the contract involves primarily services, common law governs. If it involves goods, UCC Article 2 applies. For mixed contracts, the "predominant purpose" test determines which law governs. 2. STATUTE OF FRAUDS: Contracts that cannot be performed within one year must be in writing (common law). Goods contracts $500+ must be in writing (UCC § 2-201). 3. WARRANTIES: Address express warranties, implied warranty of merchantability (goods), and implied warranty of fitness for particular purpose. Warranty disclaimers must be conspicuous. 4. LIMITATION OF LIABILITY: Include mutual caps on liability and exclude consequential/indirect damages. Must be conspicuous. 5. FTC ACT: For B2C services, ensure no unfair or deceptive practices. 6. MAGNUSON-MOSS: If offering written warranties on consumer products/services, must comply with disclosure requirements. 7. CAN-SPAM: If services involve email communications, ensure compliance.

What's required

Mandatory clauses for a valid service agreement under United States law.

Scope of Services
Service Warranty
UCC § 2-316 (warranty disclaimers); common law
Limitation of Liability
Arbitration & Dispute Resolution
9 U.S.C. § 1-16 (Federal Arbitration Act)
Severability
Common law severability doctrine
Entire Agreement / Merger Clause
Common law parol evidence rule
Electronic Signature Authorization
15 U.S.C. § 7001 (E-SIGN Act)

What's prohibited

Terms and provisions that are void or unenforceable under United States law.

Unconscionable limitation of liability in consumer contracts
In B2C service contracts, provisions that completely eliminate all liability for the provider may be found unconscionable and unenforceable. The FTC Act prohibits unfair practices.
15 U.S.C. § 45 (FTC Act § 5); UCC § 2-302

Legal references

Key statutes and regulations that govern service agreements in United States.

UCC Article 2 (Sales of Goods)
UCC § 2-201 et seq.
Governs contracts for the sale of goods ($500+). May apply to mixed goods/services contracts depending on the predominant purpose.
View →
Magnuson-Moss Warranty Act
15 U.S.C. § 2301 et seq.
Governs written warranties on consumer products. Requires clear disclosure of warranty terms. Prohibits tying warranties to use of specific service providers.
FTC Act § 5 — Unfair/Deceptive Practices
15 U.S.C. § 45
Prohibits unfair or deceptive acts or practices in commerce. Applies to service agreements, particularly B2C.
CAN-SPAM Act
15 U.S.C. § 7701 et seq.
Governs commercial email communications. Relevant if the services involve email marketing, newsletters, or communications.
Uniform Commercial Code Article 2
UCC § 2-201 et seq.
Governs contracts for the sale of goods; may apply to mixed goods/services contracts.