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How Weak Contracts Can Kill Your Deals

"If your sales agreement slows the deal, it’s not protecting you- it’s killing your business." – Matt Glynn

Your sales agreements are your revenue engine. They’re not just legal paperwork- they are the tools that determine how fast, how cleanly, and how profitably you can close deals.

Yet too many founders treat sales agreements like a box-ticking exercise, recycling templates they don’t understand or letting lawyers produce overly risk-averse documents that scare customers away. This Station will flag why robust, commercial, and future-proof sales agreements are critical to your startup’s success- and what happens when you get them wrong.

Why This is Important

This is an important stage of the start-up journey because:

◼️Revenue Enablement: Without a clear sales contract, you can’t invoice, enforce payment, or lock in delivery terms.

◼️Risk Allocation: Well-drafted sales agreements define who bears the risk for delays, defects, or cancellations.

◼️Brand Perception: Professionally written contracts signal to the market that you’re a credible, easy-to-do-business-with operator.

◼️Speed to Close: Clear, plain-English terms avoid back-and-forth and help deals close faster.

◼️Regulatory Compliance: In some sectors, sales agreements must meet specific consumer protection or licensing requirements.

◼️Scalability: Standardised terms allow you to sell more without renegotiating from scratch each time.

◼️Investor Confidence: Professional contracting processes are a green flag during due diligence.

◼️Dispute Prevention: Clear scope, deliverables, and pricing reduce the chance of disputes later.

Consequences of Not Addressing This Issue

The consequences of not attending to this issue may include the following:

Legal Implications

◼️Inability to enforce payment due to vague or incomplete terms.

◼️Contractual uncertainty that impacts contract performance.

◼️Failure to mitigate unreasonable legal exposures.

◼️Failure to protect company IPR.

◼️Inadvertently failing to conform to compliance obligations.

◼️We cover the legal issues in great detail in the Start Up Centre.

Founder Relationship Issues

◼️Arguments over pricing models, discounts, or scope creep.

◼️Friction if one founder closes risky deals that others won’t support.

Commercial Implications

◼️Customers walking away due to overly aggressive or unclear clauses.

◼️Lost market opportunities due to slow contracting processes.

Operational Implications

◼️Sales teams bypassing the legal process to close deals, creating hidden risks.

◼️Poor record-keeping on contract versions and obligations.

Biz Valuation Issues

◼️Lower valuations if investors see inconsistent or unenforceable revenue contracts.

◼️Slower or failed exits due to unresolved contract disputes.

The above lists are indicative issues – the relevance of which will depend on your circumstances…

What You Should Be Doing

1. Create a Commercially Balanced Template

◼️Keep it protective but simple enough for customers to sign quickly.

2. Tailor for Your Industry

◼️Include only the compliance clauses relevant to your sector- don’t overload with irrelevant terms.

3. Define Deliverables Clearly

◼️Avoid vague wording- be precise about timelines, milestones, and acceptance criteria.

4. Cap Your Liability

◼️Include a reasonable liability limit, often linked to contract value.

5. Standardise Processes

◼️Use a playbook for when and how sales teams can negotiate exceptions.

6. Stay Digital

◼️Use e-signatures and a central contract repository for faster turnaround and version control.

The above suggestions are just a few of the steps you can consider taking. There are many more things that need to be done to ensure the associated risks are effectively and pragmatically dealt with.

How These Risks Can Play Out

Case 1 – Fyre Festival Vendor Contracts Disaster (2017)
 This infamous startup-spearheaded festival signed vendor agreements that were vague, unenforceable, or missing entirely. When logistics collapsed, suppliers pulled out and refused to deliver without upfront payment. The absence of enforceable sales and supply contracts made recovery impossible, leading to lawsuits, bankruptcy, and jail time for the founder.

Case 2 – Zenefits’ Sales Compliance Crisis (2016)
 HR software startup Zenefits grew rapidly but failed to ensure its sales agreements and licensing processes complied with state insurance laws. The fallout included regulatory fines, leadership resignations, and a forced slowdown in sales- a brutal lesson in aligning contract processes with compliance obligations.

Case 3 – Theranos’ Pharmaceutical Partner Fallout (2015–2016)
 Before the fraud scandal fully emerged, Theranos lost key pharmaceutical and retail partners when its sales agreements over-promised on technology capabilities. The breach of performance clauses led to contract terminations and lawsuits, accelerating the company’s collapse.

Final Thoughts

If you want to close deals faster, protect your revenue, and build market credibility, start with a sales agreement that works for you- not against you. The right contract is a growth enabler, not a legal brake. Weak contracts will cost you customers, capital, and credibility.

How GLS Can Help You

While we don’t close your sales for you, we can help you build the sales agreement toolkit that gets deals done:

1. Draft tailored sales agreement templates.

2. Create contract negotiation playbooks.

3. Develop sector-specific compliance clauses.

4. Train sales teams on contract essentials.

5. Review and cap liability exposure.

6. Build digital contracting workflows.

7. Conduct contract health checks.

8. Align sales agreements with IP protection.

9. Ensure regulatory compliance.

10/ Audit closed deals for hidden risks.

GET IN TOUCH

Not sure how we can help? We’d love to talk to you.

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