“I Didn’t Read the Fine Print — Am I Still Liable?” The Hidden Contract Clauses That Cost Business Owners Thousands

By Jesse David Eisenberg, Esq. | JDE Law Firm, PLLC

Every month, I hear from business owners who signed an agreement — and only later discovered a buried clause that changed everything.

They say things like:

• “I didn’t know there was an auto-renewal.”
• “They sued me in a different state!”
• “I didn’t realize I waived my right to sue.”

The assumption is often: “I didn’t read that part, so it shouldn’t count.”

Unfortunately, the law usually says otherwise.

Yes — You're Still Liable

In both New York and New Jersey, if you sign a contract, you are presumed to have read and understood it — even if you didn’t.

Courts routinely enforce terms buried in the fine print, unless there is fraud, unconscionability, or statutory violation.

5 Clauses That Catch Business Owners Off Guard

• Auto-Renewals: Your contract may automatically extend unless you cancel in writing 30–90 days before it ends.
• Venue Clauses: You might be forced to litigate in a distant or unfavorable jurisdiction.
• Indemnity Clauses: You could be required to cover the other party’s legal fees and damages — even if you’re not fully at fault.
• Personal Guarantees: You may have signed away your personal liability without realizing it.
• Waiver of Jury Trial or Class Action Rights: These can limit how you defend yourself if a dispute arises.

But There’s Hope

While “I didn’t read it” isn’t a defense, not all contract clauses are automatically enforceable. You may be able to challenge terms if:

• The clause is overly broad or unconscionable
• The agreement violates public policy
• There was deception, lack of consideration, or procedural defects

In some cases, we’ve successfully renegotiated or invalidated harmful contract provisions — especially where the language was unclear or unfairly buried.

Before You Sign — or Sue

If you're signing a new contract or dealing with a dispute over one you've already signed, get it reviewed now — not when you're being sued.

📞 Schedule a consult with JDE Law Firm, PLLC:
www.jdelaw.nyc | NY: 718-966-0877 | NJ: 732-490-7120

My business is to protect your business.