For Women SANE Enough to Start Their Business
As we discussed last time, at some point, you will have to deal with delinquent invoices. Clients who fail to pay, or pay slowly are serious threats to a small business, so they must be handled swiftly and directly. Here are my recommendations. First, as soon as the invoice goes past due, call the client. [...]
Non-Disclosure Agreements (NDAs) are very common in today’s business environment. Depending on the type of business you own, you may be asked (or may be asking others) to sign an NDA numerous times. But, while they are common, don’t take them lightly. These agreements have important terms and conditions which you should understand clearly. NDAs [...]
Wow, we’re more than half-way through getting your business from a mere burning desire to up and running! Now it’s time to prepare your operating documents. These are the critical documents like independent consulting agreement, Master Services Agreement, Non-Disclosure Agreement (aka NDA or Confidentiality Agreement), Non-Compete and Non-Solicitation Agreement, Service Level Agreement, Distribution Agreement, Vendor/Supplier [...]
The last boilerplate provision we’ll discuss in this series is the “Limited Warranty” provision. But first, let’s review the four main warranties and what they mean. Warranty of Title: I own it and you don’t have to worry about my creditors or heirs coming to take it away from you. Warranty Against Infringement: I [...]
We’re looking at boilerplate contract language that is often ignored to better understand why these provisions are important and how they can impact your contracts. Today, we’ll discuss the “Forum Selection” provision. If the parties to a contract choose judicial resolution (i.e. a lawsuit) to settle disputes rather than alternative dispute resolution (i.e. mediation [...]
The “Governing Law” provisions of contracts are often overlooked, but it is a mistake to do so. If you have any leverage in your contract negotiations, then you generally want the law of your state to govern the interpretation of the contract. Of course, the other side’s attorney is telling them the same thing, so [...]
As an attorney who spends a LOT of time drafting and negotiating all types of contracts, I know it’s tempting to skip over the “boilerplate” language at the end of the contract. You know the part I’m talking about…those last paragraphs in every contract headlined “Survival”, “Governing Law”, “Modifications”, “Assignment”, “Severability”, “Indmnification”, etc. etc. [...]
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