Overview 

Commercial contracts are essential tools for allocating risk, defining obligations and protecting the interests of the parties involved. Effective contract drafting requires more than using standard templates; it requires a clear understanding of contractual risks, enforceability, indemnity provisions and limitations of liability to ensure that agreements provide appropriate protection when disputes or unexpected events arise. 

Join Nicolene Schoeman on 26 November 2026 from 10:00 am to 12:00 pm for an insightful webinar on Advanced Commercial Contract Drafting, focusing on risk and indemnity in practice. The session will explore the principles of contractual risk allocation, the distinction between void and voidable contracts, and the drafting and negotiation of indemnity and limitation of liability clauses. Through practical case studies and drafting techniques, attendees will learn how to identify potential risks, structure appropriate contractual protections, and apply a repeatable checklist to improve the quality and effectiveness of commercial agreements. 

Learning objectives 

Attending this webinar will equip you with the following skills: 

• Identify, assess and manage key categories of risk in commercial contracts. 

• Distinguish between void and voidable contracts and understand the grounds on which agreements may be challenged. 

• Draft and negotiate effective indemnity clauses by defining the parties, covered claims and procedures for managing claims. 

• Structure limitation of liability clauses, including liability caps, exclusions and carve-outs, in line with actual business risks. 

• Apply a practical drafting and review checklist to strengthen contractual protection and support effective negotiations. 

Content 

The webinar will cover the following topics: 

• Contractual Risk: The Foundations 

• Understanding contracts as risk-allocation tools. 

• Identifying financial, legal, performance, regulatory and reputational risks. 

• Applying the risk management cycle and risk matrix. 

• Contract Validity and Enforceability 

• Understanding void contracts and the essential requirements for a valid agreement. 

• Identifying voidable contracts, including misrepresentation, undue influence, duress and mistake. 

• Indemnity Clauses 

• Applying the “Who, What and How” framework when drafting indemnities. 

• Defining the scope of indemnities, claim notification procedures, defence control and settlement decisions. 

• Understanding indemnity caps, carve-outs and the alignment of liability with business risk. 

• Limitation of Liability 

• Structuring liability caps, exclusions, carve-outs and mutual limitations. 

• Comparing common liability cap structures, including 12-month fee caps, fixed aggregate caps, tiered caps and uncapped liability for specified risks. 

• Complementary Risk-Allocation Clauses 

• Understanding the differences between warranties, representations and indemnities. 

• Drafting force majeure clauses, including trigger events, notice obligations, mitigation duties and termination rights. 

• Aligning insurance requirements, liability caps and contractual risk exposure. 

• Understanding termination rights and remedies for different categories of breach. 

• From Theory to Practice 

• Identifying common commercial contract drafting mistakes. 

• Applying a practical checklist to draft and review risk clauses. 

• Developing contract playbook positions and effective negotiation strategies. 

About the presenter 

Nicolene  Schoeman-Louw   

Nicolene  Schoeman-Louw is the Founder and Managing Director of Schoeman Law Inc in Cape Town, South Africa. She is an admitted Attorney of the High Court of South Africa, Conveyancer, Notary Public and Mediator with a passion for assisting entrepreneurs to reach their most ambitious goals.   

Nicolene holds an LLB degree cum laude, LLM from the University of the Free State and a postgraduate diploma in financial planning (CFP) from the University of Stellenbosch. She lectured at the University of the Free State during her studies, presently guest-lectures at Stellenbosch Business School. She also presents seminars and workshops on a wide range of legal topics for various organizations. Nicolene is the Co-Founder and Managing Director of PocketAdvisor where she also doubles up as a skilled facilitator.  

Who should attend? 

The following persons will benefit from attending this webinar: 

• Attorneys. 

• Corporate Legal Professionals. 

• Legal Academics. 

• Candidate attorneys. 

• Law Students. 

• Paralegals. 

Price 

• R 450.00 - Online admission - Individual.  

• Group Price 1 - From R337 per person (up to 5 users)   

• Group Price 2 - From R260 per person (up to 10 users)   

• Group Price 3 - From R224 per person (over 11 users)  

Steps to register for the event:  

If you already have a profile, login and register for the webinar. 

If you don’t have a profile, create a free profile then login and register for the webinar. 

Click here  to create a free profile (There is no charge to create a profile and gain access to our free Monthly Practice Management Series). 

Click here  to find out about the Technical Resource Centre & CPD Subscription options. 

Additional material 

By attending this webinar you will be provided with: 

• A summarised slide presentation. 

• Reference documents and/ or course material where available. 

• You can ask questions during the webinar and you will also have access to the presenter after the webinar. 

About SA Legal Academy 

Welcome to SA Legal Academy (SALA), a provider of courses to help you succeed in your chosen career. We are committed to providing our students with the highest quality training and support, to ensure that your skills and knowledge are up to date and ready to face the challenges of the modern workplace. Our courses are designed to ensure that you reach your professional goals and enhance your career prospects. With our experienced training staff and comprehensive resources, you can be confident that you will receive the highest quality of training from SA Legal Academy. 

SALA is a Level 2 B-BBEE contributor, with 125% procurement recognition. Training spend on certain solutions can be allocated against the Skills Development element of the B-BBEE Scorecard through accredited and nonaccredited training or claimed through SETA grants. In addition, 25% of your Skills Expenditure can be claimed on non-accredited training or courses. 

Corporate Training Solutions 

At SALA, we recognise the evolving needs of businesses in today's dynamic environment. Beyond our standard webinar offerings, we provide tailored corporate training solutions designed to empower your team with the latest in legal and professional skills. Whether you're looking for online sessions or face-to-face training, our programs are crafted to ensure a comprehensive and engaging learning experience. 

Drawing inspiration from modern training methodologies, our corporate solutions are interactive, adaptable, and focused on real-world applications. We prioritize hands-on learning, ensuring your team can immediately apply their newfound knowledge in practical scenarios. 

Interested in a bespoke corporate training experience? Reach out to us at [email protected] or call 012 941 0448. Together, let's design a training program that elevates your team's capabilities and aligns with your organizational goals. 

Contact Us For More Information 

Have any questions or need any assistance? Contact us today!  

• Online chat through our website.  

• Phone: +27 (0) 12 941 0448  

• E-mail: [email protected]