FREE RESOURCE · THE 2026 EDITION

The AI Governance & Contracting Playbook

A legal risk-management and contracting playbook for GCs and founders building and buying AI—now covering AI agents, agentic AI, and the Model Context Protocol (MCP).

When we first published this playbook, "AI in your company" meant a chatbot or a content generator—software that produced an output for a human to review. That world has not disappeared. But a new one has arrived on top of it: AI agents that interpret open-ended instructions and act across your tools, and agentic systems that plan and pursue their own goals. And the assumptions baked into a standard SaaS contract—that the software runs and a human acts—no longer hold.

So ask one question of every AI agreement: who is acting? The further the answer moves from your team and toward the machine, the less your SaaS template protects you. This playbook walks the full spectrum—SaaS → generative AI → AI agents → agentic AI—and shows you what changes at each step.

What's inside:

  • The spectrum: who is acting—and why each step breaks a different contract assumption.

  • A practical method to identify your AI use cases and map them by risk.

  • Common use cases and their associated risks, from CX chatbots to autonomous agents that browse, e-mail, and transact.

  • Contracting for AI agents: limitation of liability, indemnification, and audit/logging—with model language.

  • Governing agentic AI: human-over-the-loop, coded boundaries, and audit rights that survive an incident.

  • Contracting around MCP and connected tools: scope, supply chain, and injection risk.

  • Free, updated templates: an AI acceptable-use policy and a vendor-agreement playbook.

Who it's for:

GCs and founders at AI-native and AI-enabled B2B SaaS and consumer-tech companies—with application across industries.

Complete the form below to receive a link to the PDF.

The speed of AI and corresponding legal is lightning fast, and updates will need to be made to this playbook as soon as it is shipped.

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This guide is for general information only and is not legal advice.