Nowadays, nearly anything can be completed with the click of a mouse. We live in an era with unlimited resources to create their own personal or professional business in a self-service manner. They are executing their banking, enrolling in insurance, placing orders and deliveries, and even creating legal documents online. Your typical business entrepreneur can download various generic forms from legal websites. Granted, that’s all good and fine, but it takes away interaction with a licensed professional and develops an attorney/client relationship.
You can count on these sites to provide short-formulated templates in roughly one page to meet the desired criteria. Typical terms found on the internet will include:
- Money to be exchanged
- Names of the parties to the contract
- Performance agreed to by the parties
- Dates of performance to be completed by the parties
- Agreement binding on parties’ successors, heirs, assignees, and personal representatives
- No-waiver provisions
- Signature lines
- Attorney fees
While an agreement with these terms seems to contain necessary provisions in most contracts, there are other significant terms to implement into your contract from a lawyer’s perspective. It is important to remember that every agreement is unique. For example, an independent contractor agreement can vary depending on the industry and the state where the work will occur. Therefore, the agreement deal has to be tailored to the specific needs of the parties involved and the consideration of the scope of work that the company provides.
Furthermore, other terms need to be addressed and included, such as (but not limited to):
- Termination provision
- Intellectual property considerations
- Dispute resolution
- Fees (if applicable)
- Releases (if applicable)
- Default provision
- Representations and warranties
- Indemnification (if applicable)
- Modification and amendment provision
- Severability provision
This is a reminder that it is imperative to consult with an attorney if you are entering into a contract or if you need an agreement drafted. The attorneys at Enara Law provide the resources and guidance to execute your contract correctly. We understand the nuances of drafting, negotiating, and reviewing contacts, and we can help ensure all of your needs are met and that your interests are protected. Please give us a call at 602-687-2010, or email us at [email protected].