NH Law About... Automatic Renewal Clauses

Introduction to... Automatic Renewal Clauses

Posted April 16, 2013. Reviewed May 30, 2014, April 12, 2016.  

Automatic renewal clauses are also called “evergreen clauses.” Black's Law Dictionary (9th ed.) defines an evergreen "contract" as "a contract that renews itself from one term to the next in the absence of contrary notice by one of the parties." Evergreen clauses are not usually called "evergreen" in contracts. To spot an evergreen clause, look for the following words:

Term

Duration

Continuation

Termination

Notice period

Renewal

Extension

Also, look through the entire contract carefully – sometimes the information you need is spread across several sections.  

If you're the one drafting a contract, consider using form books to find sample renewal clauses. Form books may contain complete fill-in-the blank forms or have sample language that the contract drafter puts together. They may also contain checklists and commentary about the form sections. There is no New Hampshire form book but you can find sample forms in the New Hampshire Practice Series, in continuing legal education manuals, and in treatises on New Hampshire law. These are all available at the New Hampshire Law Library.  

A sampling of laws about automatic renewals is below but there are more in the statutes. If you’re searching the NH statutes online, do a keyword search on “automatic renewal,” “membership contract,” or “cancellation rights” because the term "evergreen" isn't found in the statutes. You can also look for the specific type of business. For example, if you want to find out about automatic renewals for health club memberships, search under "health clubs."

The “Read About …” section of this guide refers to resources about the law and will provide context and key terms. “Read the Law …” links to selected laws and should be used as a jumping off point for further research. “For More Help…” provides links to legal information programs, libraries, and legal assistance. Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ...  is not a substitute for the services of an attorney.  


Read about... Automatic Renewal Clauses

WEBSITES

New Hampshire. Dept. of Justice. Consumer Sourcebook. Health Clubs  GO>

Link verified on: April 8, 2016

FindLaw's Common Law. You Need to Watch Out for Automatic Contract Renewals  GO>

Link verified on: April 8, 2016


PRINT

The American Bar Association family legal guide / American Bar Association. New York : Random House Reference, c2004. Edition: 3rd ed.   GO>

Link verified on: April 8, 2016

Unfair and deceptive acts and practices / Carolyn L Carter; Jonathan A Sheldon; John W Van Alst; Jeremiah Battle; National Consumer Law Center. 8th ed.   GO>

Link verified on: April 22, 2016

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Read the law about... Automatic Renewal Clauses

NEW HAMPSHIRE STATUTES

RSA 358-A. Regulation of Business Practices for Consumer Protection  GO>

Link verified on: December 16, 2016

RSA 358-I. Health Clubs  GO>

Link verified on: April 8, 2016

RSA 358-J Buying Clubs  GO>

Link verified on: April 8, 2016

RSA 358-S Martial Arts Schools  GO>

Link verified on: April 8, 2016

Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: February 22, 2017

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

FOR MORE HELP ...

New Hampshire. Dept. of Justice. Office of the Attorney General. Consumer Complaints  GO>

Link verified on: April 8, 2016

LawLine

Link verified on: February 22, 2017

Volunteer attorneys are available to answer legal questions through LawLine, a free service of the NH Bar Association. LawLine is held on the SECOND Wednesday of each month from 6:00 p.m. ~ 8:00 p.m. To reach LawLine, call (toll free) 800-868-1212.   GO>

New Hampshire Law Library

Link verified on: February 22, 2017

The state's only public law library. Call, email, or visit, we'll be happy to help.   GO>


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