Your Contracts Aren't Fire-and-Forget
The military has a term for certain missiles: fire and forget. The Javelin is the well-known example. The gunner locks on, fires, and moves to cover. The missile does the rest. Older systems like the TOW work differently. After launch, the gunner has to keep the sight on the target the whole way down range, steering the missile through a thin wire. Look away and the missile goes wherever it wants.
Most business contracts are TOW missiles. Most business owners treat them like Javelins.
Kūliaikanu’u “Kulia” Warner, Of Counsel at SRD Legal Group, made a version of this point last month in Business Law Today. She was writing about contracts drafted with AI, and she was blunt: "AI is not the 'set it and forget it' solution to automating 'simple' legal work." Her conclusion was five words long: "Our craft requires a human in the loop."
She is right about drafting. The human in the loop doesn't get to leave once the contract is signed.
SaaS and subscription agreements are where this hurts most. They are designed to run in the background, and that is exactly the problem. Here is what usually happens after signing:
The contract renews itself. Many require written notice 30, 60, or 90 days before the renewal date. Miss the window and you are locked in for another year.
The price moves. Escalator clauses let the vendor raise the rate at renewal, sometimes with little notice.
The terms change. A lot of SaaS agreements pull in terms from a web page the vendor can update whenever it wants. The deal you signed may not be the deal you have today.
Your data is stuck. If you never confirmed how you get your data out when the contract ends, you find out at the worst possible time.
None of this is hidden. It is all in the contract. It just needs someone watching it.
Here is what a human behind the contract looks like in practice:
Put a name on every contract. A person, not a department. If everyone owns it, no one does.
Calendar the notice deadline, not the renewal date. The renewal date is when it is already too late.
Reread it before it renews. Check the price, check whether the terms changed, and decide on purpose whether to keep it.
Know your exit before you need it. Confirm how you get your data back and how long the vendor keeps it.
Signing is the launch. The contract still has to be guided to where you meant it to go.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is different, and you should consult a licensed attorney for advice regarding your specific situation.