Business Law · Texas
Master Services Agreement (MSA) for Texas
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What is a Services Agreement?
A Master Services Agreement (MSA) is the umbrella contract between a service provider and a client. Specific projects are added as Statements of Work (SOWs) that incorporate the MSA's terms, so you negotiate the heavy clauses once.
Who needs one in Texas?
Agencies, consultancies, software/dev shops, and any vendor or buyer with a recurring client relationship who doesn't want to re-negotiate liability, IP, and indemnity on every project.
What a Texas Services Agreement must cover
- SOW framework — how new projects get added under the MSA
- Payment terms and invoicing
- IP ownership and license-back rights
- Warranties and disclaimers
- Liability cap and exclusions
- Indemnification — IP, data, and third-party claims
- Termination, governing law, and venue under Texas law
Why attorney review matters in Texas
MSAs are usually the highest-dollar contract a services business signs. A weak liability cap or a missing IP carve-out can wipe out a year of profit. Texas courts also have specific rules on enforceability of limitation-of-liability clauses — a licensed attorney makes sure yours holds up.
Texas-specific note
Texas enforces non-compete and confidentiality clauses more readily than most states when they're properly scoped, and offers favorable forum selection for B2B contracts. State-specific signature and notice formalities still apply.
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FAQ
MSA vs. one-off services contract?
Use an MSA when the client relationship is recurring. Use a single services contract for one-time projects. The MSA pays off when you're signing your second, third, fourth SOW.
Should I have my own MSA or use the client's?
Always start with your own. It's drafted from your side. Reviewing the client's MSA from scratch costs more legal time than getting yours signed.