Three Keys To Negotiate “Get Out” Clauses In A Contract Like A Pro

When the Natural End is Not the Actual End of the Contract…

Just because a contract says that you have to hang in there for a defined period of time does not mean that you do not have a way to get out.

Not too long ago, I entered a coaching program that I had been eyeing for several months. I knew that it was something that I needed in order to up-level my business. This program had the mentorship, expertise, experts as well as systems that would be needed for me to provide trailblazing legal services… but I had been burned before.

I had invested tens of thousands of dollars in coaching programs that did not come close to delivering what they said they would do. So when I saw that this program specifically required a year commitment, I was hesitant. Actually, I was emphatic that I would not put myself on the hook for a year and not have any way to get out.

I explained my concerns to the representative who I was speaking with and he said, “What would you like to do?”

He asked what type of terms would be acceptable. And I told him I would like to build in some checkpoints at the 90-day mark and the six-month mark, and then we could take it to the year. He paused and said that they had never had anyone ask that before.

Now this is a business that had been operating for at least 10 years, and I was the first person to say that I needed these goal posts in the contract if I was going to sign.

He went to the owner of the company, and she said, “Absolutely yes, we can do that. She’s our kind of people, let’s move!”

Now, what I suspect is that the owner went through Google like a true Sherlock Holmes investigator. She reviewed my social media posts, saw the articles that were written about me, and determined three things that you have to have in place if you are serious about negotiating an exception to a contract.

Number one, you have to be a person of your word.
– What I was saying to them was not, “I’m not going to do what is asked of me.” I had every intention of doing that. What I was saying is, “Just in case things don’t work out, I need a way and some defined periods of time to evaluate whether this program is for me.” But that also gives the other party a chance to evaluate whether you are a good fit for their program.

Which leads to number two, the fit.

In evaluating whether I was going to be a good fit meant that I would commit to exactly what is asked of me. And if there were disagreements, I would not speak negatively about their organization, their people, their brand, or their company without giving them a chance to make things right. You see a lot of people go online when they are frustrated, angry, and unfortunately have done none of the things that were requested of them to try and resolve a conflict before they just hop out there and dispute the charge or agreement.

In looking at my background, the owner could tell that I do not speak negatively about organizations unless all other avenues have been exhausted. If I have something to say, I have already followed the steps to reach a peaceful, private conflict resolution and it did not work.

Which leads to number three, resolution or commitment.

When I do something, I do it to the best of my ability, and if I cannot, I speak up. Sometimes things do not work out exactly the way that I thought they should, but I still took it all the way. Sometimes it was to my detriment, but I did the best that I could with what I had at the time, and I was objective about it in saying that these are the things I should have had before I even went into whatever the venture was.

From that perspective, I knew I needed to enumerate exactly what I would need to be successful.

1. First, a delayed start.
– You can and should delay the start of a contract if now is not a good time. Whatever deal or special will wait for you.

– My daughter was leaving for college a couple of months later, and I did not want to sacrifice one moment before she left by focusing on something new. So we agreed to a start date after my daughter left.

2. Second, capacity and attention.
– A new project requires both the capacity to focus on learning something new and the attention to do it well.

– I defined an hour a day, every day so that I could do the work and get through the modules so that I could get the certification.

3. And third, we must commit to seeing it through the natural conclusion.
– Notice I did not say “the end”. Remember, we negotiated special terms to our contract, so the end of the contract may not be the natural conclusion. The difference being that the natural conclusion is when we feel we have gotten what we needed from the agreement or when it is clear that we have not.

I am nine months into the contracted program, and the experience has been mostly positive. There have been a few things to work through, but nothing that required me to exercise my built-in exit options.

When entering and negotiating contracts, it is imperative for you to set terms that serve you and give you what you want and need, because everyone else is setting terms that provide for their best interest. Therefore, prioritize yourself and your business to do the same.


Lynita Mitchell-blackwell

Name: Lynita Mitchell-blackwell

Professional Title: Estate Planning Attorney And Legacy Wealth Strategist

Bio: Lynita Mitchell-Blackwell, Esq., CPA, is an estate planning attorney and Legacy Wealth Strategist helping high-achieving women protect their assets and build generational wealth. Creator of Light Legacy Stewardship™, she blends legal expertise with transformational insight to guide leaders from success to significance through intentional, empowered legacy design.

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