NH Law About... Automatic Renewal Clauses

Introduction to... Automatic Renewal Clauses

Updated May 18, 2018.

Automatic renewal clauses are also called “evergreen clauses.” They're found in many different types of contracts: consumer, commercial, employment, and landlord/tenant are just a few. Most questions at the law library are about consumer contracts. 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:





Notice period



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

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."

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


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

Link verified on: May 18, 2018

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

Link verified on: May 18, 2018

When you sign a contract that includes an automatic renewal clause, you are preemptively agreeing to extend the contract at a later date. If you don't actively cancel the renewal, your silence is to be considered an affirmation of this agreement. This is why you should always read contracts and make note of any automatic renewal clauses. It's also a good idea to write a note on your personal calendar reminding you to send in a cancellation.   GO>

The Pew Charitable Trusts. Didnít See That Renewal Notice? Some States Are Trying to Help. February 27, 2017

Link verified on: May 18, 2018

Ever sign up for a magazine or maintenance service and then get surprised by a renewal charge that pops up on your credit card bill months later? Have you gotten frustrated when you canít figure out how to cancel, or itís too late to avoid the charges?   GO>


Unfair and deceptive acts and practices. Boston, MA : National Consumer Law Center, [2016]. 9th ed.   GO>

Link verified on: May 18, 2018

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Read the law about... Automatic Renewal Clauses


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

Link verified on: May 18, 2018

RSA 358-I. Health Clubs  GO>

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RSA 358-J Buying Clubs  GO>

Link verified on: May 18, 2018

RSA 358-S Martial Arts Schools  GO>

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

Link verified on: June 29, 2018

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>


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

Link verified on: May 18, 2018


Link verified on: May 18, 2018

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: June 29, 2018

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

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