Contract Language To Help Your Business Become An Ally For Diversity
Our country is undergoing a cultural revolution that is undeniable.
The good news: we can adapt our businesses to help support a more inclusive culture, beginning with our contracts. Here is some sample language to include:
“The [Vendor] provides all [types of services relevant to your business] with a commitment to inclusivity. As such, the Parties agree and understand that the Services provided herein shall be provided in a manner that supports inclusivity, and additionally agree(s) to undertake best efforts to ensure that all parties involved in the event, including the signors of this Agreement, will not expressly or implicitly degrade any gender, sexual orientation, or race during the Term of this Agreement (an “Offensive Act”). If an Offensive Act occurs (in the form of either acts or speech), the Parties agree to work on a three-strike system. For example, and for purposes of example only, if a racial slur is used by a party (the “Offending Party”), the party recognizing such behavior will notify the Offending Party that such behavior is unacceptable. If a second Offensive Act occurs, the Offending Party shall be notified within [timeframe] that such behavior is unacceptable, and potential grounds for termination. If a third Offensive Act occurs, the Parties will terminate this Agreement, effective immediately upon receipt of notice to the Offending Party via the Notice provision. In the event of termination due to this provision, the {nonoffending party) will be entitled to retain (list out how payments hall be handled, etc).
Note: this language specifically does not apply to any other vendors that your clients may hire, for 2 reasons:
You have no right to have a say in who your clients hire (legally).
A contractual overreach could lead to the entire contract being declared null and void in court.
Conversations regarding concerns you may have regarding your client’s other hired vendors are encouraged. Do you have concerns about who your clients have hired, or offensive behavior those people have engaged in? Always be honest and open with your clients, but remember that you can never disparage or slander another vendor (or person). Build like, know, trust factors with your clients, and share concerns if something specifically happens that could be rectified, but do NOT defame another vendor.
