Business and the Law 3
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Reprinted with permission from Janet Attard* Copyright 2004. All rights reserved.
Where can I get copies of contracts and agreements to use?
Professional or trade associations you belong to may have samples of industry-standard agreements. There are also numerous books and software programs containing sample contracts and agreements. These are often grouped by industry or subject (legal contracts for consultants, or legal contracts for the advertising industry, for instance). You can find printed copies of common forms at office supply stores, and you can even find some legal forms to download online, free. Among the books that can be of help:
Graphic Artists Guild Handbook Pricing and Ethical Guidelines,
Graphic Artists Guild (1997), 90 John Street, Suite 403, New York, NY 10038-3202, 212-791-3400. http://www.gag.org/
The Partnership Book: How to Write a Partnership Agreement
by Denis Clifford and Ralph Warner, Nolo Press (1997), (800) 728-3555. www.nolo.com
Selling Through Independent Reps
by Harold J. Novick, Amacom (1999), American Management Association, 1601 Broadway New York, NY 10019, (800) 262-9699 or (212) 586-8100.
Software Development: A Legal Guide
by Stephen Fishman, Nolo Press (1998). Keep in mind that sample contracts and legal forms are general in nature. They are not a substitute for talking to an attorney and may not apply to your specific circumstances. They will, however, help familiarize you with the terms and issues involved in various business situations and can give you some idea of possible conditions or special considerations your attorney will need to know to prepare your agreements or contracts.
You also can buy legal forms on disk from large computer stores and catalogs.
Nolo Press: Small Business Legal Pro 3.0 http://www.nolo.com Available through online retailers as well. In addition to books and software several web sites have free forms available. Two of them are: http://www.adlaw.com/rc/rf_forms.html http://www.findforms.com
What if I want to change something in a contract I've been asked to sign?
Changes have to be agreed to by both parties, so call or contact the other party (or your attorney) before you make the change. If you make the change on the contract instead of printing out a new contract with the change in place, you and the other party both have to initial and date the changes.
Can a letter be a contract?
A letter, a letter of agreement, or even a memo could be a valid contract if it contains all the elements of a contract.
What are the elements of a contract?
To have an enforceable contract, the contract must be for an activity that is legal and should contain these elements:
- an offer to do something in return for something else by one party
- an acceptance of the offer and terms of the offer by another party
- a consideration (an obligation to do something you don't legally have to do, such as write a manual in return for a sum of money)
The terms of the contract should be carefully spelled out so there is no misunderstanding. Points covered in the terms should include:
- a description of the job
- the date by which the job should be completed
- the location at which the job will be performed
- the method and timing of payment(s)
- a clause stating how attorney's fees will be handled in the event of a dispute
Is there any problem dealing with customers in another state?
There's nothing wrong with dealing with customers out of state; however, it can be extremely difficult to collect payment on out-of-state accounts. If the customer decides not to pay and you decide to sue, you are likely to have to file suit and go to court in their state. Thus, if you are dealing with a one-time sale or a customer you don't know well, consider getting all or a large part of your money up-front or in progress payments.
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