Quote:
Originally Posted by mineistaken
I did not say it was ok or legal. 
And smart move on the agreements. |
MineIsTaken ... I know you didn't suggest that, but instead felt it was appropriate to tie my response to yours.
Unlike most people, I try to learn from every one of my mistakes, and pay close enough attention to how people handle their own problems, so I don't have them.
A few brief tips for anyone that cares ...
#1. For regular folks (non lawyers) keep the verbiage simple and leave out the legalese.
#2. Agreements are written in the form of "We have agreed"
#3. All agreements include a brief cooling off period, giving them the right to change their mind.
#4. All parties are advised in the agreement that they have been given the opportunity to consult with legal counsel of their choosing, before signing the agreement.
#5. Each page of the agreement is initialed.
#6. Specific monetary damages are included for non compliance.
#7. Often the agreements are notarized.
#8. Reimbursement is expected (if we prevail) for incurred legal and collection of judgement expenses.
#9. Arbitration is required.
#10. Depending on the complexity (nature) of the business relationship, the signing of the agreement may be video taped. In this case, the effected party is asked to state their full name, date of birth, if they understand the agreement, if they understand their rights, if they are under duress of any kind, or under the influence of any alcohol or drugs/medication (legal or not).
If the matter still ends up going to court, lawyers seek a Summary Judgement to avoid losing more time and money over the issue. While no agreement is bullet proof, I can say, we have never lost
yet.