An exemplar is an illustration or description to help explain, through a practical example, how to comply with a contract requirement, or how a certain provision applies.
Sometimes it is hard to see why a particular provision is included, or how to apply it in practice.
Use an exemplar where it helps to explain an abstract concept (for example, formulas), to disambiguate a clause that might be misinterpreted, or to show in practice the effects of a provision. You can also use exemplars when you think users may require extra help to understand what is required, or where extra information can be found.
When we explain complex information we frequently use case histories or ‘for instance’ explanations. This can help people build a concrete understanding of how it might apply to their situation.
Poorly designed contract documents sometimes assumesgreater knowledge of the other party’s procedures than is actually the case. Exemplars can be added in response to feedback or common errors. This saves mistakes and builds relationships. In some cases, exemplars might go beyond explanation, and take the form of practical tools, such as actual forms, spreadsheets, or templates to be used post-signature during implementation.
© 2022 Rob Waller.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License
Example 1
This excerpt from Valmet’s Service Agreement shows how examples can make concrete and clear the application of a pricing monetization formula. The three examples cover various scenarios, showing in practice the impact of negative KPIs and the application of agreed minimum fees for services.
© 2023 Valmet. Used with permission.
Design: Stefania Passera, Paula Doyle, and Peter Hornsby
Example 2
In its Author Privacy Statement, Brandwatch uses a practical example to show what personal data they can infer from a publicly available post on social media.
Source: Brandwatch Author Privacy Statement
© 2020 Runtime Collective Ltd. Used with permission.
Design: Stefania Passera, Francesca Oprandi
Example 3
Consultancy Greater Than X shows an example of their contact form, and how it is deliberately designed to collect the bare minimum personal information (in this case, just an email address). The goal is to provide evidence of good data minimization practices to clients, and gain their trust.
Source: Greater Than X Privacy Notice
© 2020 Greater Than Experience. Used with Permission.
Have you used exemplars in your contracts? You can contribute to the Library by sharing an example.