Why a template cannot replace a contract drafter who understands your world
Alex runs a busy panel beating shop in Midrand. December’s hailstorms keep him fully booked; January slows down; April brings the annual insurance audit. He is good with customers and even better with the insurers who send him work.
When a new fleet client urgently requests a service agreement, Alex downloads an online template, fills in the names and rates, and moves on. It feels efficient, until the contract faces its first real test.
Two months later, as delays mount as a critical part remains on back order and the courtesy vehicle stays out for three extra weeks, the client escalates the matter. The template includes a neat clause capping liability at the fees paid in the previous 30 days. It appears protective, except that this fleet pays quarterly, so the cap expands at precisely the wrong time. Another clause promises a 48-hour turnaround “for all repairs”, which looks good in a brochure but collapses when parts are unavailable. A generic indemnity clause exposes Alex to claims that his insurance policy does not actually cover. None of this seems dramatic on paper, but in practice it becomes costly.
The weakness lies not in using templates as such, but in their inability to reflect the rhythm of Alex’s business – how his operations really work and where the pressure points lie. Templates do not consider his billing cycle, insurance limits, the effect of manufacturer back-orders, or the cost of courtesy vehicles.
A drafter who understands those realities would have tied the liability cap to the contract year (not 30 days), re-phrased the service level to “assessment within 24 hours; repairs as soon as parts are available”, and aligned the indemnities with his actual insurance cover. The agreement would also have closed the gaps where disputes often arise – clarifying who may authorise variations for hidden damage, how write-offs are determined, when custody risk ends, and how photos and estimates are shared to prevent the familiar “you never told us” dispute.
There is another thing an online template cannot do. It cannot ‘negotiate for you’ while it is being written. Alex’s agreement will eventually land on a counterpart’s desk, and someone will look for leverage. A drafter who has negotiated similar contracts knows where you can compromise easily (for example, supplying an extra photo at handover) and where you must hold firm (such as avoiding unlimited exposure for courtesy cars). They can build the contract around practical concessions that cost little but preserve goodwill and protect the clauses you cannot afford to lose. A template, by contrast, treats every clause as either equally flexible or equally rigid, which is how simple deals become protracted and relationships sour.
Speed is often the reason people reach for a download. Ironically, the quickest way to a reliable agreement is through a drafter who already understands your business model. Once they know your cash cycle, insurance terms, peak periods, and deal breakers, first drafts are completed in hours rather than days – and they arrive close to final because they already anticipate the counterparty’s likely requests. That familiarity grows with each transaction, leaving behind valuable insights that make every new agreement more refined.
This does not mean every contract needs to be bespoke. Alex does not require a tailor-made non-disclosure agreement (NDA) for each test drive, and a simple purchase order for consumables is perfectly sufficient. Templates work well where the value and exposure are low, the performance is straightforward, or the relationship is once-off. The key is knowing when you are in that territory and when you are not. Once an agreement involves real risk, such as personal-information obligations under the Protection of Personal Information Act (POPIA), intellectual property in repair methods or photos, or liability for loan vehicles, the “cheap” option can become very expensive.
There is also a matter of perception. Counterparties draw conclusions from the quality of your paperwork. A clear, South African-law agreement that fits the work and industry signals professionalism and reliability. A mismatched template with US spellings, incorrect statutory references, or an arbitration clause sending a Midrand workshop to London, does the opposite. You should not lose credibility before negotiations even begin.
This is not an argument for endless meetings. A practical working relationship involves one short scoping session to understand how you trade, where your margins lie, and what your insurers or funders require. From there, a core suite of documents can be built to reflect that reality, with only light updates as your business evolves. It also involves frank guidance from your lawyer about where a template will suffice (and there are many such cases) and where tailored drafting will prevent unnecessary risk and cost.
Back to Alex. After the courtesy car incident, he sits down with a lawyer who speaks both “body shop” and “contract”. Together they adjust the service levels to match supply constraints, tie credits to controllable factors, and set liability caps aligned with his insurance cover. They add a change-order process for hidden damage, require photographic proof at handover, and limit approval rights to the fleet’s designated managers. The result is not a cumbersome document, it is an agreement that functions as an extension of his business.
The next time something goes wrong and, in business it will, the contract helps resolve the issue instead of making it worse.
That is the value of a drafter who understands your world: Not formality for its own sake, but contracts that reflect your operations, anticipate negotiation, and withstand pressure. Use templates where the stakes are small; apply sound judgement where they are not. The difference becomes clear only when something breaks – precisely when you will be glad your agreement was not written by a stranger.
Want agreements that fit how your business actually works? Barnard’s corporate team drafts practical, defensible contracts for real operating conditions – efficient when speed matters, precise when it counts.
By Dirk Swanepoel | Senior Associate
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