Simplifying Legal for Small Business Owners (Danielle Liss)
Explore every episode of Simplifying Legal for Small Business Owners
| Pub. Date | Title | Duration | |
|---|---|---|---|
| 01 Jun 2021 | 022: Protecting Your Content | 00:18:55 | |
You’ve probably heard all the experts say that you need to create regular content online to attract clients. So you get creative and spend time writing social media and blog posts or filming videos, and so on. Then you put that content out in the world where it reflects your business strategies, creativity, and a personality for your brand. All of this content is potentially part of your brand’s intellectual property. It’s important to look at how you can best protect this asset. In this episode, I outline five steps to help you protect your company’s content. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:35] - Danielle reveals the first step to help you protect your content. [03:44] - Does your content include copyrightable material? [04:34] - You need to be aware if you’ve entered any contracts that impact your rights to the content. [05:49] - Look at your website terms and conditions. They should state that you own the content and describe what, if any rights, you grant to the user. [06:31] - Does a third-party create content for your company? Clarify who owns the content. [08:10] - Take a look at the terms for third-party websites and services you use for publishing your content. [08:34] - If you use stock photography in your content, review any agreement terms. [09:21] - Danielle discusses step three: educating your audience on your rights and how they can use your content. [09:52] - Beware of these potential issues if you post images online and have concerns about others using them. [10:29] - Create an intellectual property strategy. Danielle goes over a few areas of consideration. [12:13] - Use these tips to help you monitor your content for potential infringement. [13:24] - What should you do if you find someone infringing on your rights? [15:05] - Danielle offers advice for using a DMCA takedown request in case the infringer is unresponsive or unreachable. [15:48] - If all other avenues of taking down infringing content fail, reach out to a lawyer. [16:36] - Danielle quickly recaps each of the five steps.
Links & Resources: Episode 13: “Content Ownership in Contracts” | |||
| 22 Mar 2022 | 053: Save Time, Money, and Stress with MSAs | 00:14:36 | |
I love master service agreements (MSAs) as a tool for service-based business owners! Many types of businesses use them. But service business owners can benefit from them, because it gives them the ability to easily incorporate future projects with ongoing clients into the same contract. In this episode, I talk about how you can save time, money, and stress with a master service agreement. I also go over the key pieces of a master service agreement and how it’s different from a client agreement, managing your MSA, and the benefits of converting your current client agreement into an MSA. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:26] - Master service agreements for service-based entrepreneurs have a couple of key pieces. [03:34] - Danielle gives a hypothetical example of what an MSA with statements of work (SOWs) can look like. [04:45] - How is an MSA with SOWs different from the terms in a typical client agreement? [05:32] - If you work with larger companies, MSAs are almost always preferred and make the process so much easier. [06:41] - Danielle explains how to construct an MSA if you need different terms for different project types. [08:09] - What if you want to convert your current client agreement to a master service agreement? [08:56] - Danielle discusses how to logistically manage your master service agreement. [09:58] - How can an MSA save you (and your client) time? [10:47] - Danielle reveals how a master service agreement can save you money. [12:03] - When you have ongoing clients, MSAs save you a lot of stress. [12:37] - Follow these steps to start saving yourself time, money, and stress today.
Links & Resources: Episode 18: “Client Agreements for Service Business Owners” | |||
| 22 Feb 2022 | 049: What Is Legal Marketing Review? | 00:14:33 | |
Legal Marketing Review is common for big businesses with in-house legal teams. In this episode, I'll be discussing what smaller businesses need to know. Just as you want your marketing to help you stand out from your competition and help you sell your products and services, you want to make sure you’re covered legally. So think of legal marketing review as a process to make sure your content is compliant and says what you want it to say, from a legal perspective. I’ll cover who needs legal marketing review, how the process works, how I conduct it for my clients, and a common question I hear from people when they first consider getting it done. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:18] - Danielle describes how she ensured that her website marketing aligns with her core values. [02:55] - Do you view disclosures as having a negative impact on your business and sales? View them this way instead. [04:16] - Danielle discusses who needs to conduct a legal marketing review. One group in particular has become very skilled at it. [06:36] - Legal marketing review can happen at any point, but the review usually happens somewhere in the middle of the copywriting process. [07:08] - What should you consider during legal marketing review? Look at testimonials in your marketing with these parameters in mind. [07:59] - Small businesses should also look at their claims, both implicit and explicit. [08:56] - Danielle gives a behind-the-scenes look of what happens when she does a legal marketing review. [11:14] - Can you do your own legal marketing review? This particular question comes up a lot. [11:53] - Danielle mentions some other important areas of consideration regarding conducting legal marketing reviews yourself. [12:57] - Ask yourself these questions and follow these tips as your action steps for today.
Links & Resources: Episode 47: “Marketing & the FTC” | |||
| 02 Mar 2021 | 009: Contracts: Money & Getting Paid | 00:17:55 | |
When most people think of what should be included in a contract, they consider the dollars and cents as one of the most important pieces. And I agree wholeheartedly! It’s a really important provision where I, unfortunately, see lots of mistakes and careless drafting. That’s why today, as I continue this new series on contracts and begin my review of different contract terms, I’m starting with payment provisions. This is a topic that most people need to know and understand. Whether you’re paying someone or getting paid, the ability to understand and negotiate payment provisions is vital for any small business owner. In this episode, I first breakdown what you’ll often see in payment clauses, including a few questions to ask yourself first. Then, I discuss some of the most common payment structures and how they might appear in an agreement. Now, let’s dive in! Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:26] - Danielle starts off the discussion with what goes into a payment clause. [03:01] - How much is being paid? A contract needs specificity about the amount and how to calculate it. [04:24] - Be aware of and clarify the type of currency offered if you work with people internationally. [04:49] - Look at the agreement closely to ensure you’re doing all that needs to be done to get paid. [05:38] - Payment contracts will typically dictate the due date of payments which can vary considerably, especially with larger companies. [06:30] - Is there anything contingent on the payment? Usually, this means starting or continuing services. [07:18] - Danielle talks about what happens if a payment is late. Many payment clauses include this specific provision for this scenario. [08:09] - Additionally, you may want to include this language in your payment provision. [08:58] - What happens if a client wants more services? [09:49] - Price changes will often depend on the wording of the agreement and the type of payment structure in place. [11:06] - Flat fees generally work really well for this type of project but can be structured in several ways. [13:09] - While payments for time spent are fairly simple, you’ll still want to keep these specifics in mind. [13:49] - Danielle discusses fixed monthly payments for ongoing services and several things to include in these agreements with clients. [14:48] - Retainer agreements get discussed frequently but aren’t always clear. [16:18] - Three action steps to wrap up this episode.
Links & Resources: | |||
| 21 Sep 2021 | 029: Trademarks 101 | 00:21:53 | |
Can you spot a trademark when you see one? They’re all around you. A trademark can come in the form of a symbol, name, or even a phrase that consumers will associate with your products or brand. When I think of the perfect example, Nike immediately comes to mind. It hits the common trademark trifecta where its name, swoosh symbol, and phrase “Just do it” are easily recognizable to everyone. While names, symbols, and phrases are the most common kinds of trademarks, other non-traditional categories exist and can include smell, color, or sound. Think of Play-Doh’s signature smell, Tiffany’s signature blue, or NBC’s chimes. In this episode, I discuss many aspects of trademark law, including using a trademark without registering it, trademark rights available to you, and the benefits of trademark registration. I’ll also cover a number of questions I am frequently asked about trademarks. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [03:34] - What trademark rights do you have if you register with the U.S. Patent and Trademark Office versus if you don’t? [04:54] - You can’t trademark just anything you want. Danielle discusses why. [07:42] - What’s the difference between Principal and Supplemental Registers? Danielle reveals which types of trademarks are eligible for each. [09:46] - Danielle talks about the research process for registering your trademark. [10:48] - What happens after you’re done searching and want to file your application? [11:48] - Danielle discusses the type of communication you might receive from the examining attorney assigned to your application. [12:58] - When can you expect to receive your registration certificate? And what must be done to protect your new trademark? [13:41] - If you have a trademark you’re not yet using, you can file your application in two ways. [14:46] - Danielle reveals one more important thing about the trademark process: the fees. [15:39] - Discover some of the common questions Danielle receives about trademarks. [19:59] - Follow these three action steps for filing your trademark.
Links & Resources: | |||
| 01 Feb 2022 | 046: Marketing with Income Claims | 00:18:13 | |
Income claims are so common in the online business world. I see it in online courses, group programs, and service offers, and there’s been a lot of discussion on both the ethics and efficacy of using them. Regardless of your point-of-view on that matter, you must take care before you incorporate this type of claim into marketing for your small business. In this episode, I talk about the legal side of using income claims in your advertising. You’ll discover what you need to know if you use them on your website, social media channels, or anywhere else. I also provide tips on what you can consider when your business is acting as a consumer for other products or services that use these types of claims. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [03:12] - Danielle offers an example of a typical income claim that’s common in the online business world. [04:19] - More subtle income claims exist too. Here’s how to recognize them. [04:52] - What does the Federal Trade Commission have to say about making income claims in advertising? [05:54] - How do the FTC guidelines impact the usage of income claims? Danielle walks you through an example. [08:36] - Danielle dives deeper into the usage of advertising claims. Do you have substantiation for any income claims you make? [10:00] - All claims are either explicit or implicit, but both require substantiation. [11:30] - Consider the following when you look at the disclosure aspect of using income claims in your marketing. [12:54] - How do you properly disclose to ensure your advertising isn’t deceptive or misleading? [14:12] - Danielle discusses how you as a small business-owning consumer can evaluate others’ income claims. [16:30] - Follow these steps when making income claims in your marketing.
Links & Resources: Episode 45: “Using Testimonials” FTC’s Business Opportunity Rule FTC’s Business Guidance Concerning Multi-Level Marketing | |||
| 23 Nov 2021 | 038: How to Avoid Scope Creep | 00:14:40 | |
What is scope creep? The term might be new for you, but you’ve probably experienced it if you’re a service-based entrepreneur. Scope creep happens when you exceed the amount of work for agreed-upon deliverables to your client without an increase in pay to match. In other words, you overdeliver in a big way but receive no commensurate compensation in return. How can you prevent scope creep or stop it in its tracks before it can get out of hand? In this episode, I talk about how you can avoid scope creep by crafting a scope of work that works for you. I also answer some of the most common questions I receive about scope creep. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [01:59] - Danielle gives an example of how a copywriter can fall into the scope creep trap. [03:41] - What’s the easiest solution to avoid scope creep? [04:17] - Danielle offers an example of how a social media manager can specify deliverables in a contract. [05:40] - In addition, you need to address what happens if you need to change your scope of work. Here’s a clause recommendation. [06:29] - Keep this in mind when setting scope-of-work expectations in your client agreement. [07:00] - What do your clients need to know about your deadlines? [07:35] - Are you better off charging hourly or a flat rate? Danielle discusses setting fees for your scope of work. [09:42] - Should you state upfront what isn’t included in your scope of work? [10:38] - How should you handle additional fees for revisions? [11:13] - Scope creep often starts as one small thing you’re okay with doing. Here’s how you can address it. [12:14] - What if you run into a client who doesn’t think they need to pay extra? [13:03] - Danielle wraps up the episode with today’s action steps.
Links & Resources: | |||
| 25 May 2021 | 021: When and How to Use a Likeness Release | 00:13:25 | |
Entrepreneurs and content creators often need to use the likeness of other people in their business. But you can’t just grab it and go. You need permission first; otherwise, you could expose yourself legally. Today, I’m talking about likeness releases so you can protect yourself and your business. What is a likeness release? What does it cover? What protection does it offer? How common is it, and what key points should you be on the lookout for before signing one? I discuss all of this so you can get comfortable with release language and have a better understanding of when and how to use releases. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [01:53] - Danielle defines what a likeness release is and what it can be used for. [03:01] - How are likeness releases typically structured? [05:13] - Releases typically include authorization of some sort, as well as a release provision. [06:13] - Danielle discusses her recommendations for how to use releases. [07:58] - If you’re asked to sign a release, Danielle shares some suggestions to protect yourself. [08:40] - What are some common places where you may find likeness release language? [09:10] - Bloggers and influencers should check these stipulations in release language within sponsored content agreements. [10:13] - Website owners will want to obtain a likeness release for these uses. [10:27] - Because releases come up in a lot of scenarios, make sure you’re comfortable with and understand these three areas. [10:58] - Danielle covers the action steps for this episode.
Links & Resources: | |||
| 13 Jul 2021 | 028: Managing Drafts and Client Approvals | 00:14:55 | |
If you’re a creative, tell me if this sounds familiar: You book a discovery call with a potential client who’s perfect for your services. Afterward, they sign your contract, get onboard, and participate in the first call to go over deliverables information. Then, you work your creative magic, provide them with the initial draft, and ask for their feedback to make any necessary revisions. Suddenly, the client doesn’t respond, and you find yourself stuck in an endless cycle of follow-up emails. Without their feedback, you not only can’t move forward with the project, but it also starts impacting all of your other projects too. So what’s the best way to handle this situation? Implementing some contract language and additional communication procedures should put you in a better position to manage the drafting and approval process with clients. I talk about how to do that in today’s episode. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [03:14] - Are you specific about how many drafts are included for the price? [04:28] - Carefully review your process for providing clients access to view drafts. [05:07] - How do you want to receive feedback from clients after they review drafts? [06:50] - Make sure you include this section about reviews in your contract as well. [08:18] - Danielle discusses scenarios when it might make sense to include delay fees. [09:38] - As a business owner, you need to prepare yourself for this possibility. [10:37] - Look for these great opportunities to reiterate your policies outside of the agreement itself. [11:52] - You might want to remind your client of this as well when there are delays on their end. [12:13] - Using a product management system with your clients in this way can alleviate the need for spending a ton of time on follow-up. [12:52] - Danielle goes over today’s action steps.
Links & Resources: | |||
| 07 Dec 2021 | 040: Marketing on Instagram | 00:13:45 | |
Eleven years since it launched, Instagram has become a go-to marketing platform for many entrepreneurs. Despite frustrations with constant algorithm changes or the added necessity of Facebook, it still remains popular for business visibility and engagement. However, like with any platform, you need to consider the possible legal ramifications to your business. In this episode, I discuss how to protect your business legally when you use Instagram to market your products or services. I give an overview of some key areas to look over and talk about using testimonials, avoiding false claims, posting disclaimers, and handling direct messages on Instagram in ways to avoid unnecessarily opening yourself up to legal liability. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:11] - When posting testimonials, you need to consider these questions. [03:47] - What if you can’t back up your social proof with evidence? A simple disclosure should cover it. [04:08] - Be cautious about releasing anything requiring permission to use the name and likeness of clients or customers. [04:46] - Can you take screenshots of comments and use those as social proof? It depends on what’s written in your contracts/policies. [05:33] - Beware of making false claims on Instagram. This is an area monitored by the Federal Trade Commission (FTC). [05:55] - Danielle offers an example of an unsubstantiated claim in the weight loss industry. [06:23] - Danielle showcases a more subtle unsupported claim, this time in the marketing industry, and discusses the type of language to use instead. [07:38] - In case you need it, here’s a refresher on what a disclaimer is. [08:21] - With limited characters allowed on Instagram posts, how do you include the necessary disclaimers? [09:52] - Handle your responses to DMs on Instagram with care. Danielle discusses why and shares how she crafted a response to a client through a DM. [11:05] - Direct messages also make addressing confidentiality necessary. [11:38] - To wrap up, Danielle talks about the action steps you should take next.
Links & Resources: | |||
| 05 Oct 2021 | 031: Website Accessibility | 00:13:34 | |
As you created your website, did you have accessibility in mind? Accessibility ensures that your content is accessible to anyone, regardless of their ability. Because of a recent influx of lawsuits against websites that aren’t accessible, this topic has been much more widely discussed. Even though accessibility is based on legal principles, such as whether or not a website is a place of public accommodation of the ADA, it is primarily rooted in the technical side of your site. Even though there have been some differing court opinions, I am going to discuss accessibility as though all business owners should have this set for their site. In this episode, I’ll discuss what accessibility is, the current status of website accessibility, accessibility statements, and how it might impact you and your business. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:50] - What is the Americans with Disabilities Act? [03:41] - Some people have interpreted parts of the ADA to necessitate certain requirements from website owners. [04:56] - What do you need to do to ensure the accessibility of your website to everyone? [05:52] - Danielle briefly mentions a few examples of accessibility tweaks you can make on your website. [06:34] - Danielle talks about the first step to avoid a compliance lawsuit and ensure the accessibility of your website. [08:00] - Here are three reasons why adding an accessibility statement to your website is critical. [08:56] - At a minimum, add these three things to your accessibility statement. [10:33] - Danielle discusses what to do with your accessibility statement once you have it and how she and her website designer worked together on implementing hers. [11:58] - Take these three actions steps to make your website accessible to all.
Links & Resources: Accessibility Statement Generator and WCAG Checklists W3 Accessibility Statement Generator Sample Accessibility Statements: “ADA Accessibility for Your Website - Here’s What You Need to Know” | |||
| 25 Jan 2022 | 045: Using Testimonials | 00:15:51 | |
What is social proof? The concept focuses on how people adopt others’ actions to reflect correct behavior in a social situation. So if someone feels uncertain about something, they’ll look at another person’s behavior to help them make a decision on what to do. With small businesses, social proof might take the form of case studies, reviews, or even trust icons on websites showing their media mentions. But one of the most common forms of social proof is testimonials which are recommendations from happy clients and customers that talk about the person’s experience using a product or service. You see testimonials everywhere because they’re so effective, and they can be only a couple of lines to something more in-depth. In this episode, I talk about what you need to know when using testimonials in your marketing and how to get permission to use them from your clients. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:53] - Danielle gives a quick made-up example of a testimonial. [03:58] - Danielle offers a short recap of the Federal Trade Commission’s main goals. [05:00] - In the eyes of the FTC, endorsements and testimonials are effectively the same thing. [05:58] - Danielle distills some information you need to know to take advantage of the power of testimonials in your marketing. [07:11] - What do you do if you can’t use a client’s or customer’s testimonial due to unsubstantiated claims about your product or service? [08:34] - While exact wording in testimonials isn’t necessary, you do need to be careful to avoid this mistake. [09:26] - Danielle discusses the need to differentiate between testimonials that depict typical vs. atypical results. [10:54] - If you regularly solicit testimonials, consider adding something to your terms or client agreement. Danielle goes over common things to include. [12:29] - Is it okay to share screenshots of comments posted on forums or Facebook groups to use as testimonials? [13:31] - What should you do if you’re asked by an endorser to remove a testimonial they’ve provided? [14:16] - Danielle reveals your action steps to wrap up the episode.
Links & Resources: FTC Guide: Use of Endorsements and Testimonials in Advertising Influence: Science and Practice by Robert Cialdini | |||
| 09 Feb 2021 | 006: Legal Considerations for the Stages of Small Business | 00:18:21 | |
So many entrepreneurs have dreams of making big money in business when they first begin. Regardless of the exact amount of money or type of lifestyle desired, all entrepreneurs want to feel the pride that comes with having a successful business. But as a business progresses and the revenue increases, the legal stakes rise higher and higher too. Today, we’ll be discussing the legal considerations that you may experience at different stages of your business. I’ve recently had conversations with a number of my legal clients who’ve hit the milestone of seven figures in revenue. While all of these clients have very distinct businesses, they’re experiencing a big overlap in the type of legal needs they have right now. It inspired me to put this episode together so that we can talk about some of the most common legal issues that all business owners face at all phases of their business, not just those who’ve hit the million-dollar mark. You’ll hear me quickly go over the four business stages as I’ve created them, followed by the legal considerations necessary for each one. I’ll give you advice and tips for each stage and any caveats to be aware of. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:23] - Danielle gives a few caveats about the four stages of small business. [03:23] - Starting off with the first, Danielle dives into a short description for each stage of business as she sees it. [04:37] - Then Danielle starts discussing the different legal considerations for the business phases. [06:56] - At this point, business is likely moving beyond what you can handle by yourself, so you’ll need to recruit people who know your business. [08:19] - With contractors, you’ll probably want to include this provision in your agreements. [10:10] - There are a lot of legal implications when you get to this phase and begin hiring employees. [11:19] - In business stage three, you may also start attracting different types of clients such as more corporate clients. [12:37] - Unfortunately, this stage also has one of Danielle’s least favorite parts of business growth. [13:59] - Not everyone wants to be in the CEO role and people often realize that during phase four. [14:38] - If you have a business that’s heavily legal, you might want to think about doing this. [15:57] - Danielle wraps up the discussion with some action steps.
Links & Resources: Episode 003: “Do You Need an LLC?” Episode 004: “How to Protect Your Website” | |||
| 08 Mar 2022 | 051: Legally Host a Giveaway | 00:17:41 | |
Many companies use giveaways as a way to market their products and services. But, “giveaways” aren’t actually a legal term. Instead, they are usually a contest or sweepstakes. And, there are a lot of laws that can impact your business if you host this type of promotion. In this episode, I discuss what a giveaway is and how to protect your business if you host one, including what you need to include in the official rules and regulations. I also talk about how to handle certain social media platforms when marketing your giveaway. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:24] - “Giveaway” isn’t a legal term, so you have to determine exactly what you mean by it. Are you running a sweepstakes, contest, or lottery? [04:06] - The laws that apply to giveaways can be complicated, and there’s no single federal law to cover them all. You also need to be aware of the FTC’s rules. [05:19] - Danielle discusses the different laws that apply to contest and sweepstakes promotions. [06:30] - Some states like Florida, New York, and Rhode Island have additional requirements. [07:36] - Most states require that a business disclose the material terms of the promotion (a.k.a. the official rules and regulations). These also protect you from liability. [08:33] - What should you include in the official rules of your giveaway? Danielle reveals what you need if you’re running a sweepstakes. [10:21] - If you’re running a contest, your rules should have everything you’d include for a sweepstakes in addition to these couple of things. [11:32] - Running a contest requires you to look at intellectual property in these two ways. [12:54] - Danielle gets into some of the legal language clauses that come with running a giveaway. [14:01] - How should you handle different social media platform requirements when hosting and promoting your giveaway? [16:07] - Danielle recaps the steps you need to take to legally host a giveaway.
Links & Resources: Episode 44: “FTC Disclosures” Episode 45: “Using Testimonials” Facebook Terms and Policies for promotions Instagram Promotion Guidelines Pinterest Guidelines for Community and Advertising | |||
| 29 Jun 2021 | 026: Use Your Contract to Set Boundaries | 00:17:47 | |
What do you want your client relationships to look like? Client relationships are critically important for service-based business owners. However, sometimes clients push things too far with their expectations or requests. They want things done immediately without giving you adequate notice, or they email late on a Friday night and expect a response before Monday morning. These kinds of client relationships can be incredibly frustrating. Unfortunately, if you’re not managing things correctly, they can also become increasingly common. In this episode, I look at setting boundaries for your business. I’m a big proponent of using your contract as a way to set and enforce your boundaries because when you’re able to do so, it can ease tensions that arise when you’re unsure how to respond or act in a certain situation. I often like to emphasize clarity and specificity in contractual agreements. So listen in as I touch on several areas to focus your attention and offer guidance on how to most effectively communicate your boundaries to your clients. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [03:10] - Danielle discusses how boundaries aren’t meant to be a punishment. [04:55] - Before you do anything else, start by clearly defining your scope of work. [05:39] - Danielle addresses a few topics to include in your client agreement for establishing boundaries, beginning with operating hours. [07:01] - Set expectations on turnaround times for your clients and alleviate concerns about feedback response time frames. [08:41] - How do you ensure smooth communication between you or your team and your clients? [10:10] - Consider the communication methods you want to use to talk to your clients. [10:37] - Are any communication platforms off-limits for you or your clients? [12:26] - Danielle reads an example where she combines hours of operation, response times, and communication methods into a single paragraph. [13:18] - Danielle talks about language considerations for your agreement. [14:04] - For due dates and turnaround times, should you add rush or delay fees? [15:44] - Danielle reveals today’s action steps.
Links & Resources: | |||
| 30 Nov 2021 | 039: Affiliate Marketing | 00:18:01 | |
Affiliate marketing is one of the most popular streams of income online for both affiliates and companies. You see it everywhere in social media posts, blogs, videos, emails, and even books. Affiliate programs provide lots of benefits. Companies that offer one get to advertise their products or services through affiliates with minimal investment or risk. They only pay when there are sales. Affiliates get a relatively simple way to earn money for promoting products or services without having to spend lots of money upfront on store inventory. So today, I talk all about affiliate marketing. I cover the common legal terms and conditions, commissions, and disclosures obligations in affiliate contracts from the perspective of those who run affiliate programs and those who serve as affiliates. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [01:34] - What is affiliate marketing? [02:34] - Danielle gives a great example of affiliate marketing in action and discusses the potential income affiliates can make. [03:37] - A cash commission is the most common payment option but not the only one. What other incentives can affiliates receive? [06:00] - Those who offer affiliate marketing programs should have terms and conditions. Danielle goes over each section. [07:13] - What if you work with affiliates on a smaller scale and don’t use software for tracking purposes? [08:08] - Danielle talks about affiliate obligations commonly included in program terms. These are the business’s basic expectations of the affiliate. [09:50] - In affiliate agreements, companies usually outline obligations and reserved rights on their end, in addition to terms regarding the termination of the agreement. [10:47] - How are affiliates paid? Danielle discusses common commission terms. [12:23] - Most companies reserve the right to modify their terms and conditions without notifying affiliates and may put some program restrictions in place. [13:32] - How does confidentiality play a part in being an affiliate? [14:19] - Danielle focuses on the other big legal issue for affiliate marketing: disclosure. [15:54] - Find out the next steps to take, whether you’re an affiliate or a business that offers an affiliate program.
Links & Resources: | |||
| 27 Apr 2021 | 017: When & How to Use an NDA? | 00:13:27 | |
Today I’m switching gears from specific contract terms to nondisclosure agreements (NDAs). You might remember my previous episode about confidentiality in contracts. As I start focusing on nondisclosure agreements, this episode will have some overlap since many confidentiality provisions in contracts are often similar to what you see in standalone NDAs. In this episode, I’ll define nondisclosure agreements and go over some aspects such as terms typically used, mediums covered, what is and isn’t considered confidential information, damages in case of violation, and any pitfalls to watch out for especially if you have any team members included as part of the receiving party of the contract. Then I’ll talk about when and how to use NDAs. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [01:52] - What is a nondisclosure agreement? [02:08] - Which parties are protected when signing an NDA? [02:59] - The definition of confidential information sets guidelines on what is considered as such and is one of the most important parts of an NDA. [03:37] - Nondisclosure agreements often state which mediums are covered. It doesn’t always have to be written down to be considered confidential. [04:17] - Is any type of information excluded from the definition of confidential information? [04:50] - What is the receiving party agreeing to when they sign a nondisclosure agreement? [05:20] - Danielle discusses why the receiving party should pay special attention if team members are involved. [06:23] - How long will an NDA be in effect? These agreements usually last for longer time periods. [06:55] - NDAs likely include a section on damages and the recourse the disclosing party has in case of violation on the receiving party’s end. [07:59] - Danielle talks about the most common uses of a nondisclosure agreement. [08:51] - Certain business sectors frequently use NDAs but you can use them whenever you need. Just make sure to follow this one tip. [09:20] - What do disclosing parties occasionally do that requires a careful reading of the NDA to catch on the receiving party’s end? [10:23] - To wrap up, Danielle offers three tips for the disclosing party in an NDA. [11:13] - The receiving party should follow these three tips when entering an agreement.
Links & Resources: Episode 10: “Confidentiality in Contracts” Episode 14: “Non-Compete and Non-Solicitation Clauses” Episode 15: “What Do Boilerplate Contract Clauses Mean?” Nondisclosure Agreement DIY Legal Template - use code podcastNDA to save 10% | |||
| 13 Apr 2021 | 015: What Do Boilerplate Contract Clauses Mean? | 00:14:24 | |
We’re almost at the end of this series on contracts! Today, I’m focusing on some of the most common boilerplate contract clauses. If you’ve reviewed a contract in the past, you may have seen and skimmed through or skipped over them. Despite their commonality, you need to understand what these clauses mean and how they can impact your agreement. When I talk about boilerplate clauses, I’m generally referencing the clauses that seem fairly standard in most agreements. Typically, you’ll find them towards the end of the contract. In this episode, I focus on the clauses often found in service-based business agreements. I review what each clause means and give you some sample language to help you recognize it. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:49] - Danielle defines the confusing concept of indemnity provisions. [03:59] - What do you need to look at when reviewing an indemnity provision? [04:13] - Danielle discusses disclaimer of warranties. [04:57] - What are choice-of-law and jurisdiction clauses? [05:45] - Agreements may include a clause regarding dispute resolution such as mediation or arbitration. [07:32] - Assignment clauses state whether or not the parties may assign their rights under the contract to another party. [08:20] - In many contracts, written notice to the other party is a common requirement. But how do you give notice? [09:21] - Danielle talks about unenforceability clauses. [09:54] - With survival clauses, certain provisions should survive after the termination of the agreement like confidentiality or intellectual property rights. [10:25] - Some survival clauses list specific paragraph numbers. If you’re doing this, watch out for this common mistake before signing. [11:00] - What does a waiver clause typically state? [11:32] - Each party can sign an agreement separately if it includes a counterpart clause. [12:09] - Single agreement clauses state that the agreement supersedes any past agreements between the parties. [13:05] - Danielle offers some fairly simple action steps.
Links & Resources: | |||
| 12 Oct 2021 | 032: Legal for Bloggers & Influencers | 00:18:11 | |
I’ve had the pleasure of working in the influencer marketing industry for more than a decade. (You know, when we didn’t yet call it influencer marketing.) The blogging and influencer industries have grown by leaps and bounds since then. Five years ago, when Businessese was formed, our goal was to give bloggers a place to find reliable legal templates. Over the next few weeks, I’ll be looking at the legal needs of particular types of businesses. Today, I start with my roots: bloggers and influencers. So if you’re a blogger or influencer, listen in as I guide you on the necessary steps that you, specifically, need to take to protect yourself and your business. We’re covering starting your business, protecting your website, working with brands, protecting your content and brand, and so much more. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [03:52] - What legal entity should bloggers and influencers be? Danielle discusses the pros and cons of the two most common options. [05:47] - Most bloggers need to ensure their sites have a few key legal policies in place, starting with a privacy policy. [07:16] - Terms and conditions act as your contract with those viewing your site. [07:42] - If you’ve ever visited a website like WebMD, you’ve seen a disclaimer before. Is this something you need on your site? [08:45] - Content sponsorship has drastically changed in the last decade, for the better. Danielle reviews two common ways you may work with brands. [10:03] - What do you need to be aware of when working with brands? What do you need to know about FTC compliance? [10:50] - Danielle talks about protecting your business and brand with trademarks and copyright. [12:22] - If you offer digital products or services, you have a couple of other policy considerations you may want to put in place. [14:28] - Here’s what you’ll need to know and implement as you build and grow your team. [15:44] - Keep these questions in mind as you complete your actions steps for today.
Links & Resources: Legal Templates for Bloggers and Influencers Episode 31: “Website Accessibility” | |||
| 15 Mar 2022 | 052: Managing Proposals and Contracts | 00:14:44 | |
I often help draft client agreements for new small business entrepreneurs through my law firm. One of the things I talk with them about is what their process for obtaining clients looks like. Understanding that, I can better recommend how to best structure their client agreements. In this episode, I talk about how to manage your proposals and contracts, if you are using proposals in your client acquisition process. You’ll hear about how a business proposal differs from a contract, what to include in your client proposals, and how to address your proposal in your contract. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:20] - What is a business proposal? Danielle first addresses this key point and uses her law firm as an example. [04:27] - How should you differentiate between your proposal and your contract? Danielle briefly overviews what goes into a proposal. [05:40] - Danielle provides clues as to what else you should include in your proposal. [07:24] - If proposals make sense in your business, many tools exist to help you. Danielle mentions a few of them. [09:09] - You might be wondering about this when you send proposals to clients. [09:43] - Danielle discusses a couple of options for addressing your proposal within a contract. [11:24] - Make sure that the terms in your contract and proposal match each other. [11:55] - Danielle provides an overview of what the typical proposal-to-contract cycle can look like. [12:48] - Follow these action steps to manage proposals and contracts in your business.
Links & Resources: Pitch Perfect Proposals by Small Business Boss “Business Proposal Ideas to Win More Clients” by Small Business Boss Marketing Queen - Crystal Dove Episode 18: “Client Agreements for Service Business Owners” | |||
| 02 Feb 2021 | 005: How to Protect Your E-commerce Website | 00:19:16 | |
Okay, e-commerce website owners, it’s your turn to discover how to better protect your business. In the last episode, I discussed how to protect your website. I talked about the three most common policies you’ll find on most websites: website terms, a privacy policy, and a disclaimer. If you have a website with an e-commerce component attached to it, you’ll need those policies and more (which can also depend on the type of business you have). In today’s episode, I talk a bit more about the specifics for protecting your e-commerce business website with your policies. I dive quickly into the revisions to any existing policies needed. In addition, I go into another policy for purchases and break it down into the different types of purchases to cover. These product areas include even more policy and term considerations to help protect yourself. You’ll hear about shipping for physical products (and questions to ask yourself); refunds, returns, and cancellations for non-physical products; providing community or support for courses and memberships; and protecting your intellectual property rights. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:16] - E-commerce website owners may want to include these updates in their website terms and privacy policy. [02:39] - Danielle discusses what she calls “purchase policies.” These can assist with some of the most common customer service inquiries. [03:20] - Breaking it down by product type, Danielle starts with websites selling physical products. [04:34] - Make sure to include any special shipping policies and discuss these two big reasons for customer complaints. [04:59] - Danielle reviews eight questions to consider as you build this part of your policy. [06:42] - Tip: be flexible when things fall outside of your stated policies. Danielle gives a recent example of why. [07:16] - Next up, Danielle discusses websites selling digital products like ebooks and templates. [07:48] - What do you include in a purchase policy for digital product websites? [08:56] - Protecting your intellectual property is extremely important for digital products. [10:06] - Courses are similar to digital products, but sometimes they have different terms you want to emphasize. [11:05] - Set clear terms for your course money-back guarantee. Is it conditional or good at any time for any reason? [13:13] - If you include any community or support with your course, you’ll need to include these kinds of terms regarding participation. [13:46] - Lastly, Danielle covers membership sites and the three major areas to consider. [15:00] - What about when someone wants to cancel their membership? Get clear on the way you’ll handle them on your site. [16:26] - Have rules in place to deal with potential bad behavior and conflicts among community members. [17:21] - To wrap up, Danielle gives you action steps to take for this episode.
Links & Resources: | |||
| 08 Feb 2022 | 047: Marketing & the FTC | 00:15:40 | |
For the last few episodes, I’ve talked a lot about marketing and complying with the Federal Trade Commission for the legal side of your business. Primarily, I’ve looked at testimonials and advertising claims. Today, I want to look at the FTC more broadly and why it matters for your marketing. In this episode, I do a quick review of what the FTC is and discuss FTC compliance in your marketing within a handful of areas you need to consider. You’ll hear about rules you should follow for health claims, expert endorsements, comparative advertising, disclosures, and more. This episode was created with online business owners in mind and covers the areas that are typically most important in your marketing. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:32] - Danielle provides a quick overview of the Federal Trade Commission. [03:31] - What are the most important things you need to know about using testimonials in compliance with the FTC? [04:31] - Danielle goes over the main criteria for evaluating your advertising claims. [06:01] - The rules about testimonials also apply to expert endorsements. But here are additional things you need to know. [07:25] - Be careful making claims in the health and wellness industry. The FTC heavily scrutinizes this market. [08:18] - What’s the golden rule for health claims and how do you evaluate them in your marketing? [09:15] - What if you can’t prove your claims are typical of results? Here’s what NOT to do. [10:11] - Danielle discusses puffery. Besides sounding funny, what is it and why would you want to avoid it? [11:39] - Referred to by the FTC as comparative advertising, brand comparison has its own rules you must follow. [12:43] - Before wrapping the episode, Danielle reviews disclosures. [13:59] - Follow these action steps to ensure your marketing complies with the FTC’s guidelines.
Links & Resources: Episode 45: “Using Testimonials” Episode 46: “Marketing with Income Claims” | |||
| 06 Jul 2021 | 027: Protect Yourself When Adding a New Service | 00:15:54 | |
In my line of work, I see many service-based entrepreneurs offer packages with similar services. One graphic designer may have a package for Instagram graphics and another for YouTube thumbnails, and another may combine several different social channels in a single offer. Even though packages may change, business owners will still likely use a similar client agreement for everything they offer. But what happens if you want to add a new service to your business that doesn’t really align with what you already offer? In this episode, I review four steps you can use whenever you’re adding a new service to help ensure the continued protection of the legal side of your business. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:24] - The first step is easy but critical because the other steps build on it. [03:55] - Danielle starts reviewing some of the most common areas you may need to change in your client agreement. [04:58] - Does your termination provision still work with your new service? [06:49] - Are you changing any logistics with your new offer? [07:48] - With a new service, you may need to set these boundaries with your clients. [08:08] - Danielle reveals how to handle one of the bigger changes to your client agreement. [09:07] - Will you need to update your website policies? [09:53] - Danielle gives an example of when you might need to change your privacy policy. [10:27] - In some cases, you might also need to update the language in your disclaimer. [12:11] - Whenever you add a service, consider if you need to add this protection. [12:33] - Please do this first if you’re giving your new service or program a distinctive name. [14:14] - Danielle wraps everything up with a recap of all four steps.
Links & Resources: United States Patent and Trademark Office (USPTO) Episode 19: “Group Program Agreements” Episode 18: “Client Agreements for Service Business Owners” Episode 4: “How to Protect Your Website” Episode 5: “How to Protect Your E-commerce Website” Episode 22: “Protecting Your Content” | |||
| 19 Jan 2021 | 002: Legal Template or Lawyer? | 00:13:07 | |
Do you know what the legal template landscape looked like before Legal Zoom and the big shift to online business came along? I do, and the situation has improved drastically just in the last few years. But does that necessarily mean that using templates over lawyers is the way to go for your small business? In today’s episode, we’re going to dive into one of my favorite topics when it comes to legal: should you try to do it yourself with templates or hire a lawyer? This is a topic very near and dear to my heart, and it shows through my work. I have a law firm, Liss Legal, where I provide done-for-you legal services. In addition, this podcast is brought to you by my second business, Businessese, which is a legal template shop focused on the needs of online and service-based business owners. Since each of my businesses has a different option related to this question, it’s a question I hear a lot. There are times when I’d strongly recommend you seek the assistance of a lawyer. But other times, you may want to go in the do-it-yourself (DIY) direction. To help you decide, I’ll discuss the differences between done-for-you legal services and DIY legal templates. You’ll also hear considerations to think about before choosing the template route, with examples (including from my own business) throughout. By the end of this episode, you’ll know when to use a lawyer and the actions steps to take to help you choose between the two options. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [01:32] - Should you plan to use a template or directly hire a lawyer? Before answering, Danielle gives a quick disclaimer. [02:10] - Danielle goes over done-for-you legal services just in case you haven’t worked with a lawyer before. [02:55] - For many years, legal templates were available but not always great. Danielle describes what it looked like before the big business online shift happened. [03:31] - What was one of the driving forces behind the creation of Businessese? [04:28] - Here’s the most important factor you should consider before using templates. Danielle uses templates she created for her business as examples. [05:40] - What is the state of your business currently, and what’s your budget? For example, if you’re just starting out, then templates may be more budget-friendly. [06:10] - The type of business you have can also determine whether you should use templates or hire a lawyer. Danielle reviews the kinds of businesses that’ll benefit from each. [06:45] - Some areas of business are more easily handled with a template. The most popular product (by far) on Danielle’s website is an excellent example of this in action. [07:15] - Non-disclosure agreements (NDAs) and likeness releases are also great options for templates. [07:36] - It might also make sense to use a template for certain contracts. For service-based business owners, however, Danielle gives a big caveat. [08:49] - Here’s a definite sign that a template may not be the best fit. Talk to a lawyer instead. [09:03] - You can use a lawyer for your business before starting, early in the formation process, as it grows, when you want to shut it down, and every stage in between. [09:45] - When should you talk to a lawyer instead of opting for a template? Danielle rapidly lays out quite a few scenarios. [11:23] - Danielle gives four action steps to help you decide between choosing a legal template or a lawyer.
Links & Resources: | |||
| 02 Nov 2021 | 035: Legal for Creatives | 00:17:13 | |
How do you define what a creative business is? When I talk about creative business owners, I mean someone who creates something on behalf of someone else. This could be a photographer, copywriter, content creator, etc. And like all entrepreneurs, they have legal areas to take into consideration too. In today’s episode, I cover the legal side of business structure, protecting your website, working with clients, content ownership, and more. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:32] - Are creative businesses better off as limited liability companies or sole proprietorships? [04:32] - What should you include in your creative business site’s privacy policy? [05:25] - Danielle discusses terms and conditions and disclaimers for creative business owners. [06:40] - Focus on these areas in your client agreement to ensure it has a solid foundation and will help protect your creative business. [07:39] - As a creative, you need to set some boundaries in place for your clients regarding content creation. [08:35] - Many creative businesses have master service agreements. What are they, and how do they make things easier for you? [09:21] - Danielle explores a vital legal area for creatives: copyright protection for your original works and how to wrangle content ownership provisions. [11:02] - Be aware of these three key terms in your client agreement regarding content creation. [12:13] - What else can you do to protect the creative business and brand you’ve built? Danielle talks about trademarks. [13:05] - What should you do to protect your digital products? [13:58] - Keep these things in mind as you hire more people to help you handle increased workloads in your creative business. [15:04] - Danielle wraps up the episode with your action steps for today.
Links & Resources: Creative Business Owners Legal Guide Episode 31: “Website Accessibility” Episode 13: “Content Ownership in Contracts” | |||
| 18 May 2021 | 020: Sponsored Content Agreements | 00:19:44 | |
Sponsored content can be a significant revenue stream for bloggers and influencers. I’ve worked in some capacity on the legal side of influencer marketing for ten years. The industry has changed so much in that time, and many influencers and bloggers have been able to make it their full-time job. Because brands (or their agencies) usually issue agreements to influencers, many influencers don’t have to create a contract themselves. However, it’s still important to know the typical terms and how to negotiate these contracts. Today is all about sponsored content agreements. Depending on the type of content you create, your agreements may vary from what I talk about here. But in this episode, I offer my simple definition of sponsored content and review some of the most important aspects of a sponsored content agreement. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:16] - Danielle defines what sponsored content is. It’s evolved a lot over the years. [03:22] - The end of the term in sponsored content agreements can be really important if an exclusivity provision exists. [03:51] - What do bloggers and influencers need to watch out for regarding termination of a sponsored content agreement? [04:33] - In sponsored content agreements, the timing of payment can be one of the most important aspects of compensation clauses. [05:04] - Ensure you know when to send any invoices and the time frame before you get paid, especially with larger companies that can take longer to respond. [05:44] - As a blogger or influencer, you must understand how to handle confidentiality. [06:09] - What’s the most heavily negotiated piece in sponsored content agreements? [07:18] - Danielle shares the most frequent type of license she sees. [07:55] - Content ownership is often strongly tied to the compensation rate for the influencer, so keep this in mind for negotiations. [08:16] - Can you delete your sponsored content? [08:54] - What permissions do bloggers and influencers need to use the brand’s intellectual property? [09:24] - Do you need to report anything as part of the sponsored content? [09:56] - Keep these things in mind when negotiating exclusivity clauses. [11:37] - Like ownership of content, exclusivity is often related to the price of the services. [12:05] - Danielle discusses negotiating drafts and approvals and shares how influencers can avoid requests for re-shoots. [13:41] - To avoid lengthy draft approval times, build something into the agreement that allows you to move the post date prior to the date set for live posting. [14:34] - Get specific about what you’ll be creating for the brand. List the details in a statement of work. [15:08] - What should your sponsored content services not include? [15:42] - And, you can’t forget FTC disclosure rules. [16:51] - Follow these action steps when entering into sponsored content agreements.
Links & Resources: Episode 13: “Content Ownership in Contracts” Episode 15: “What Do Boilerplate Contract Clauses Mean?” | |||
| 19 Apr 2022 | 057: Review Contracts Like a Lawyer | 00:13:17 | |
I do a lot of contract reviews for clients, and what I see in these agreements covers a wide range. Yet, my clients frequently say the same thing: they don’t like dealing with contracts and feel nervous about it because they’re worried about reading them incorrectly. That fear typically translates into procrastination or anxiety about the agreements. Even though contracts can differ greatly, I usually tackle them using the same step-by-step process. If you’re the type of business owner who doesn’t love reviewing contracts and you want to feel more comfortable, then tune in to today’s episode. In it, I talk about how to review contracts like a lawyer. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [01:06] - Before diving into the topic, Danielle makes an announcement about the podcast. [03:08] - Danielle discusses the first step she uses when reviewing contracts: outlining your expectations. [04:08] - What questions should you ask yourself when considering prior contract discussions? [04:54] - Your contract strategy plays an important part in your outline. [05:46] - Once your outline is done, step two is so much easier to complete. How you do so depends on personal preference. [06:34] - Beware of falling into this trap during step two. It’ll save you time. [07:48] - Danielle talks about the process and considerations for step three. [08:56] - If you choose to use the PDF format for your contracts, you could hit this speed bump. [09:53] - This is the step that makes most people feel particularly nervous. Danielle offers reassurance. [10:44] - Follow these action steps when reviewing your contracts.
Links & Resources: Episode 41: “How to Handle Contract Revisions” | |||
| 18 Jan 2022 | 044: FTC Disclosures | 00:17:13 | |
The Federal Trade Commission is here to protect against unfair and deceptive advertising practices. And their job includes sponsored content and affiliate marketing. In 2013, I talked about the .com disclosures guide released by the FTC nonstop, but since then, bloggers and influencers and brands and agencies have become more comfortable with the disclosure requirements. However, if you are new to influencer marketing, either as an influencer or brand, this is an important topic that you need to understand. In this episode, I provide an overview of who needs to disclose, when to disclose and how to disclose. I’ll cover disclosure for sponsored content and affiliate marketing. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:08] - What does the Federal Trade Commission do? Danielle reveals its two main goals. [03:34] - Danielle discusses how bloggers felt after the FTC first published digital advertising disclosures in March 2013. [04:26] - How have things changed since the FTC initially released its .com disclosure guide? [05:33] - Danielle goes over who needs to disclose sponsored content or affiliate partnerships. [07:11] - When should you disclose? Here’s the simple answer, and Danielle uses Businessese as an example. [08:41] - Danielle talks about how to disclose clearly and conspicuously. [10:47] - Many platforms have branded content tools that may aid with disclosure. But you may still need something additional. [11:12] - Carefully review the disclosure requirements for sponsored and affiliate content of any brand or agency with whom you work. [11:56] - The FTC does look at more than just the inclusion of a disclosure. Danielle mentions a couple of other relevant things to remember. [13:05] - While a lot of the principles for sponsored content disclosure apply equally to affiliate marketing relationships, there is one tricky element to address. [14:18] - What do you do if your business is the one being promoted? [15:02] - The episode wraps up with a few disclosure action steps.
Links & Resources: Disclosures 101 for Social Media Influencers | |||
| 09 Mar 2021 | 010: Confidentiality in Contracts | 00:14:42 | |
Pssst...can you keep a secret? In business, confidentiality is imperative and a breach of a confidentiality agreement can be costly. Confidentiality may seem straightforward, but you must consider a lot of things to ensure you have terms that’ll work for your business. When it comes to your own contract, having the right terms is just the first step but it goes a long way towards protecting your business. When I discuss confidentiality provisions in this episode, I’m talking about them as part of a bigger agreement. So, let’s dive in! First, I’ll go over the most common pieces of a confidentiality provision. Then, I’ll talk about what you can do with the information you receive and wrap up the show with a couple of action steps. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:42] - When first looking at a confidentiality provision, you need to know which party is agreeing to keep information confidential. [03:47] - Danielle gives a quick tip for protecting yourself when negotiating with another party. [04:04] - How do you define confidential information? This is one of the most important pieces of the provision. [05:19] - Some agreements may consider everything about the agreement to be private, including its very existence. [05:58] - Confidentiality is inherent to some relationships. As a lawyer, it’s built into everything Danielle does at her firm. [06:24] - In this type of confidentiality clause, carefully review what’s protected. [07:18] - What types of documents are covered? This is the last thing you want to define. [08:30] - Danielle goes over what you can do with confidential information. [09:05] - Consider with whom on your team you can share confidential information. [09:30] - Usually, an agreement will limit how you and others can use private information. [10:26] - Do you have to store the information in a certain way to comply with the confidentiality provisions? [10:57] - What happens if something confidential is exposed in violation of the agreement? [11:25] - Ensure you know how long the provision will last and review what needs to be done after the agreement’s conclusion. [12:17] - Danielle winds down the show with these action steps.
Links & Resources: | |||
| 16 Mar 2021 | 011: Ending a Contract | 00:10:18 | |
Ending an agreement isn’t always as easy as saying, “I don’t want to do this anymore.” In fact, termination provisions can be much more complicated and it’s important to know how to read and interpret them in your agreements. In this episode, I’ll give a quick overview of the two most common termination provisions in service agreements, considerations to be aware of for each, and questions to ask yourself to ensure you’ve covered the necessary bases. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:26] - Breach for default or convenience are the two common termination provisions in most service-based contracts. [02:37] - Danielle begins discussing the termination provision for breach or default. [03:18] - A termination for breach will often say something like this. [03:39] - This termination provision may also discuss the impact of the termination. [03:57] - Danielle talks about termination for convenience provisions which are very common and usually include these considerations. [04:36] - Clauses can vary considerably for notice periods, and some agreements include different notice periods for different parties. [05:11] - How do you give notice of termination to the other party involved? [06:06] - What else should you keep in mind when reviewing termination provisions? It depends on the type of agreement you enter. [07:23] - Consider what happens to content created under an agreement when that contract ends early. [07:58] - You may want to include other areas specific to your business in your termination provisions. [08:33] - Wrapping up the episode, Danielle reviews today’s action steps.
Links & Resources: | |||
| 16 Nov 2021 | 037: Legal for Social Media Managers | 00:17:29 | |
From specializing in Pinterest to managing accounts on several social media platforms, the role of social media manager covers a really broad range. In addition to managing some aspect of social media for other businesses, it can overlap with creative or VA business types, especially if it involves content creation for client accounts. Because it’s a hybrid of these other areas, I wanted to cover legal for social media managers separately. So in this last episode of the series, I review different aspects of a social media manager’s business such as selecting an entity, working with clients, and building your team. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [03:07] - Social media managers need to decide a business entity under which to file. [05:01] - As a social media manager, you must have a strong client agreement in place. Danielle recommends a few areas to address. [06:52] - Are you guaranteeing results in your contract? Most social media managers do this instead. [07:26] - Danielle discusses a hot topic among lots of social media managers: content ownership. [09:02] - Social media managers need to be aware of these three terms regarding content ownership in their client agreement. [09:54] - Danielle offers a precaution if you create branded Canva templates for your clients. [10:43] - You should include a few legal policies on your social media service website, if you have one. [12:46] - Danielle reviews trademark considerations to help protect your brand. [14:46] - What should you keep in mind as you hire more people and expand your team? [15:34] - To wrap up, Danielle reveals the action steps you should take today.
Links & Resources: Social Media Manager Legal Guide Legal Templates for Social Media Managers Episode 31: “Website Accessibility” Episode 13: “Content Ownership in Contracts” | |||
| 15 Jun 2021 | 024: How to Handle Late-Paying Clients | 00:18:51 | |
In an ideal world, you have a great relationship with each of your clients. First you connect, then the two of you have a great consultation and they are ready to sign an agreement for your highest-priced service package. You quickly execute the agreement, services are completed, all payments are made on time, and this new client becomes one of your best referral sources. Unfortunately, it doesn’t always go according to this plan. Sometimes a client is late with a payment. How to handle a late-paying client is one of the most common questions I get. For many entrepreneurs, it’s unusual and takes them completely by surprise when it does happen. In this episode, I talk about how to handle late client payments and discuss the issue from two perspectives. First, can you proactively try to avoid late payments? Second, if you do have a late payment, what steps should you follow to rectify the situation? Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:57] - Danielle discusses a few ways to protect yourself against late payments in your client agreements. [03:55] - Asking for a deposit is fairly standard, but those working on an hourly basis often don’t think they can do this. [06:20] - What if you’re not the one issuing the contract? [07:12] - Even with a perfect agreement, you still may get late payments from time to time. Check these areas of your contract. [08:21] - Touch base with your client after reviewing the terms of your agreement. [09:03] - You’ll want to keep communication very friendly at this early stage. [10:12] - What is a reasonable amount of time to wait for a reply? [10:30] - If you haven’t heard back after a reasonable amount of time, then escalate your outreach in these ways. [11:30] - Danielle discusses how to handle everyone’s least favorite step: making a phone call. [12:04] - Send one final email if you still get no response. Danielle offers some sample language you can use. [13:10] - What should you do if your final email also gets you nowhere? [14:03] - Ensure that you’re compliant with collection laws. See Section 807 of the FDCPA. [15:03] - When all else fails, you need to decide whether to use a collection agency or file a lawsuit. [15:46] - Danielle gives one final caveat before deciding to file a lawsuit. [16:01] - Executing a judgment obtained in a lawsuit can be cumbersome and not worth it unless you feel the sum of money justifies it. [16:32] - Use these action steps to protect yourself against late payments and handle them when a client misses a payment.
Links & Resources: | |||
| 12 Apr 2022 | 056: Develop Your Contract Strategy | 00:18:25 | |
Creating a legal strategy is very similar to creating a business plan. You’re just putting an emphasis on fitting legal into your overall business strategy. Even so, you need to have a strategy for different aspects of legal too, depending on your needs and the type of business you have. In this episode, I take a look at a particular legal sub-strategy: developing your contract strategy. While the idea of having this kind of strategy may seem advanced, it really isn’t. I discuss what it is and who needs one, the areas for consideration of what to include in one, and how a contract strategy affects your business. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [01:29] - Danielle quickly recaps episode seven: the steps you need to follow when creating a legal strategy for your business. [03:26] - Before diving into what a contract strategy is, Danielle discusses who needs one for their business. [03:52] - What’s a contract strategy? It’s fairly straightforward, and Danielle explains what it should cover. [04:38] - Here’s what to consider when it comes to the types of agreements you enter, for now and in the future. [05:52] - Consider the tone of the agreement as well. Do you need something formal or with plain language? [07:44] - What provisions do you insist on having in your contracts? And conversely, what types of provisions are off-limits for you? [09:01] - When deciding on your contract provisions, take this important aspect of your business into consideration as well. [09:50] - How will you handle the actual contract creation process? [10:47] - Involving an attorney may depend on your comfort level and capacity as a business owner to deal with contract creation. [12:46] - What tools will you use to implement and manage your contract strategy? [13:48] - Danielle briefly talks about how having a contract strategy in place can impact your business. [15:00] - What happens if a client resists following your contract strategy? You can build potential responses to resistance into the process. [16:17] - Danielle ends the episode with action steps you can take today.
Links & Resources: Episode 7: “Why You Need a Legal Strategy” | |||
| 19 Jan 2021 | 003: Do You Need an LLC? | 00:13:08 | |
Are you risking your personal assets in your small business? A sticky situation with a customer or client could land you in an equally sticky spot. Today, we’re going to talk about whether you need to file as an LLC (limited liability company). In late 2016, I wrote a post on the Businessese blog titled “Is an LLC Right for Your Blog?” Even years later, this is still the most popular post on the site, and it gets way more love from the Google search engine than I ever expected. Nowadays, Businessese isn’t focused solely on bloggers and influencers anymore. But the topic of LLC formation is something that most online and service-based business owners consider, so I wanted to revisit the topic on the podcast. In this episode, I’ll give a short overview of the three most common kinds of businesses and why LLCs are considered the easiest and most liked by small business owners. You’ll discover how to decide whether or not you actually need to file as an LLC, and I’ll offer up eight questions to ask yourself before you settle on how to do business. If afterward you still aren’t sure, this is the best time to consult with your lawyer or CPA. They’ll be able to provide you with the customized guidance that you need to make your choice. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [01:45] - Before diving into today’s topic, Danielle gives a quick disclaimer. [02:09] - Here’s a short overview of the three most common business types: sole proprietorship, corporation, and LLC. [03:04] - Why wouldn’t everybody be a sole proprietor if it sounds easier? Danielle talks about the distinction between it and doing business as a corporation or an LLC. [04:24] - Corporations are far more complicated. They come with higher regulations and may require a number of formalities. [05:06] - A limited liability company is an easier step between a sole proprietorship and a corporation. It makes sense for a lot of small business owners. [06:31] - Taxation is another reason why many small business owners like LLCs. [07:14] - Now for the big question: do you need an LLC? [07:52] - Consider these eight questions if you’re thinking about whether an LLC is right for you. [10:29] - Would you want to handle it yourself or hire a filing service or lawyer to complete it for you? [10:57] - This consideration for setting up an LLC is a big one for some people. It can also depend on where you live.
Links & Resources: | |||
| 09 Nov 2021 | 036: Legal for Wellness Professionals | 00:17:51 | |
Are you a registered dietitian, health coach, or pharmacist consultant? Even if you aren’t, wellness professionals cover a pretty broad range, and many do business online by offering things like courses or virtual group programs. In this episode, I provide an overview of the legal side of business for wellness professionals. So tune in as I walk you through choosing a legal entity, shoring up your website policies, protecting your intellectual rights, expanding your team, and more. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:54] - Danielle discusses the importance of knowing the permitted scope of your wellness practice. [04:52] - Should a wellness professional move forward as a sole proprietor or an LLC (limited liability company)? [06:43] - Some states require you to create a professional entity. Verify your state laws based on the type of business and licensure you have. [07:28] - What should be included in a wellness practitioner’s privacy policy, at a minimum? [08:33] - Disclaimers are extremely important for wellness professionals. Danielle briefly touches on them, as well as terms and conditions. [09:47] - Client relationships are the foundation of a wellness practitioner’s business. Here are the most important areas to address in contracts. [10:56] - Depending on your services, you may need additional areas covered in your client agreement such as group program agreements. [12:24] - Danielle talks about protecting your trademarks and copyrights. [14:36] - As a wellness professional, you’ll need to have terms for your digital products as well. [14:59] - What should you keep in mind as your practice expands and you hire more team members? [15:38] - Danielle reveals the next action steps for wellness practitioners.
Links & Resources: Wellness Professionals Legal Guide Episode 31: “Website Accessibility” | |||
| 22 Jun 2021 | 025: Handling Refund and Termination Requests | 00:18:13 | |
Misunderstandings about your refund and termination policies can serve as a big precursor for contract disputes with your clients. Communication and clearly stated policies are key to help you avoid complaints. Today, I’ll talk about how to handle refund and termination requests and look at two aspects: how to structure your contract and how to handle a specific request. This episode covers some important areas to consider in your agreement that’ll help ensure greater clarity. I give examples of poorly stated contract terms and better suggestions for re-writing them to accurately reflect what you want to offer in your business, whether it’s a service or original creative content. You’ll also hear about some of the most common refund policies I’ve seen in my line of work. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:27] - Poor communication affects customer complaints about payments, purchase issues, and refunds. [03:21] - What happens if a client exceeds the scope of their agreement? This simple statement added to the contract can save you lots of headaches! [03:56] - Be careful about using these words if clients will have access to you or one of your team members individually. [05:57] - If you’re a creative offering a limited number of revisions, state this in your agreement to help protect yourself from scope creep. [07:21] - Danielle discusses clearing up any uncertainty regarding your payment terms. [07:44] - Danielle offers a tip for creatives who offer original content to help guard usage rights. [08:24] - Do you offer a money-back guarantee? Is it for any reason or based on certain conditions? [09:18] - For conditional money-back guarantees, take a look at any aspects of it that are discretionary. [09:58] - Danielle covers what to consider in your refund policy if one of the parties terminates the agreement. [10:54] - Hear some of the most common refund policies Danielle usually encounters. [12:45] - Most problems arise when clients request a refund when one isn’t due. Danielle discusses how to approach this scenario. [14:58] - A lot of times companies will try treating an ongoing issue with an unhappy, refund-seeking client as a dispute settlement. [15:55] - It usually doesn’t happen, but what can you do if you find yourself in ongoing disputes with clients often? [16:39] - Danielle wraps it up with a couple of action steps.
Links & Resources: Episode 9: “Contracts: Money & Getting Paid” | |||
| 08 Jun 2021 | 023: Legal for Membership Sites | 00:20:03 | |
Membership sites are a great way to generate income for your business. You can set up a membership site component in your business in many ways. Usually, the difference between this and other types of products is the subscription model where members pay a fee to access certain content and benefits. Types of content included in a membership change from business to business as well. Subscribers can enjoy regularly updated content like modules or PDFs or interact as a community on a forum or private Facebook group. In this episode, I discuss legal for membership sites. I cover commonly used membership site policies and what yours should cover, and a couple more optional policies you may want to include. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:41] - Danielle discusses one of her favorite membership sites. [03:43] - Terms and conditions are the first commonly used policy for membership sites and cover many aspects. [05:40] - What should you include in your membership site’s terms? [07:25] - If you offer tiered memberships, address how to make changes to the tier of the account in your terms. [08:01] - Look at your purchase policies for pricing, billing, and any trials you offer. [09:37] - How will you handle missed payments? Danielle reveals how most companies operate here. [10:09] - Be clear about what members need to do if they want to cancel their subscription. [10:57] - Refunds are a big area of customer complaints, so ensure you clarify your process in your purchase policy. [12:11] - Danielle goes over governing the usage of your intellectual property. [13:28] - Consider additional policies for your membership site like a privacy policy. [14:30] - Most membership sites also include a disclaimer. [15:23] - Sometimes owners include a group participation agreement within terms and conditions, but Danielle discusses it as a separate policy. [18:10] - Take these action steps for your membership site.
Links & Resources: Episode 4: “How to Protect Your Website” Episode 22: “Protecting Your Content” Membership Site Terms of Use DIY Template | |||
| 28 Sep 2021 | 030: Copyrights 101 | 00:20:13 | |
You know that movie you love to watch all the time? Or the song you can’t help but dance to when it plays? Or the book you snuggle up with on the couch on a Saturday morning, coffee in hand? All of these things, and more, have something in common: they’re protected by copyright. A copyright is a type of intellectual property that protects original expressions of ideas. These ideas can come in various forms and media including visual, audio, and literary, and can even cross multiple categories. In this episode, I talk all about copyrights. I start with some basics, then get more in-depth and cover the rights of copyright owners, copyright notices and duration, and frequently asked questions I hear about copyright law. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [03:47] - Danielle reveals what copyright law doesn’t cover. [04:42] - How can you know what is or isn’t covered by copyright law? [05:49] - Similar to trademarks, you have common law and statutory rights associated with copyrights. [06:27] - If you formally register your copyright, you get these additional statutory rights. [07:10] - Danielle discusses the exclusive rights you have as a copyright owner. [09:15] - What is a copyright notice? You’ll benefit if you include one, even if it’s not required. [09:58] - How long does a copyright last? It usually depends on the creator. [10:58] - Danielle talks about how small businesses can protect their copyrighted works. [12:58] - Fair use is an exception to copyright law. But what is considered fair use? [14:20] - Beware of falling into this common trap that Danielle hears so often. [15:28] - Danielle discusses dealing with ownership and copyright within your contracts. [16:42] - Implement these protocols to avoid infringing on third-party copyrights. [18:21] - Danielle wraps up the episode with action steps.
Links & Resources: Episode 22: Protecting Your Content | |||
| 04 May 2021 | 018: Client Agreements for Service Business Owners | 00:16:55 | |
I can talk about client agreements for service business owners all day. It’s one of my favorite topics! My Businessese shop offers several of these templates, and I regularly work with clients through my law firm when they need a custom client agreement. As a service-based business owner, a client agreement is one of the most important documents in the legal foundation of your business. They can vary depending on what field you’re in too. For instance, interior designers might have a very different agreement than a life coach. The areas I cover today, however, should help you build a great client agreement for your service business. In this episode, I’ll concentrate on some of the most common provisions that appear in a client agreement and some things you may want to consider as you prepare or enhance it. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:04] - Danielle talks about the term of a client agreement. [03:30] - Consider these questions while reviewing the termination provision. [04:58] - Make sure you’re specific in your compensation section and pay attention to these areas of consideration. [05:40] - Will your client reimburse you for any costs? [06:06] - What is your process if the client wants any changes or revisions? Danielle warns against scope creep. [07:02] - Clearly outline what you expect when it comes to confidentiality. [08:17] - Danielle discusses provision language for authorization of intellectual property use derived from services you complete for the client. [08:38] - If you’re creating original content for a client, include a provision regarding ownership of the work product. Danielle briefly reviews three common scenarios. [09:49] - When should you include language about client reviews of drafts? What about delay fees or the number of drafts? [10:39] - A disclaimer may be a good option in a creative field or a service where a client tends to look for a particular outcome, like search engine optimization services. [11:16] - If you’ll have access to your client’s logins, then you’ll want to include this clause in your client agreement. [11:44] - Service-based business owners should use their agreements to set boundaries, especially as their business grows. [13:16] - What is your statement or scope of work? Discuss the deliverables for both parties. [14:02] - Don’t forget to add these types of standard legal provisions to your client agreement. [14:39] - To end the show, Danielle wraps it up with some action steps.
Links & Resources: Client Agreement DIY Templates Episode 11: “Ending a Contract” Episode 9: “Contracts: Money & Getting Paid” Episode 10: “Confidentiality in Contracts” Episode 13: “Content Ownership in Contracts” Episode 15: “What Do Boilerplate Contract Clauses Mean?” | |||
| 05 Apr 2022 | 055: Contracts Service Business Owners Need | 00:15:54 | |
As a service-based business owner, you know you need contracts. But which ones do you really need? I received this question when I asked a handful of service business owners what they most wanted to know about legal. And it’s a good one, so I dedicate this week to answering it. For this episode, I focus on contract needs for service-based business owners. Even if you don’t categorize your business that way, you’ll probably still need a few of these agreements too. I discuss the necessary contracts and some of the most important terms to include in them. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:05] - For the purpose of this episode, Danielle discusses how she defines a service-based business. [03:11] - The first agreement is essential for all service business owners. [04:43] - Not every service-based business needs subcontractor agreements, but here’s what you need to know about them. [06:58] - Make sure you include these terms in your subcontractor agreement. [08:18] - Danielle illustrates the difference between contractor and subcontractor agreements. [09:25] - What terms should you cover in your contractor agreements? [10:30] - Danielle talks about ongoing service contracts and why they need to be considered separate from contractor agreements, despite some similarities. [11:24] - What should you look at in ongoing service agreements? [12:20] - This last contract type may not apply to every service-based business, either. [13:51] - Danielle provides today’s action steps to end the episode.
Links & Resources: Episode 8: “When Do You Need a Contract?” Episode 18: “Client Agreements for Service Business Owners” Episode 43: “Working with Subcontractors” | |||
| 29 Mar 2022 | 054: Solve Problems with Your Contract | 00:14:49 | |
What role does your contract play in your service-based business? This might be something you haven’t really thought about. So often contracts are viewed as just a necessity, stating the terms or protecting the business in case a client relationship sours. While contracts are something you should have for your business, I don’t think entrepreneurs use them to their full potential. In this episode, I want to expand your thinking about contracts and discuss how they’re an underutilized tool service business owners can use for proactive problem-solving. I cover how I apply this in my own business for clients and discuss how to use your contract to solve issues that come up surrounding payment, communication, and scope creep. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:41] - Contracts serve as a tool to proactively troubleshoot issues with clients. Danielle discusses what that looks like in practical terms. [04:16] - Danielle shifts focus to types of problems you can solve with your contract before they arise, starting with payment issues. [05:21] - Many service business owners also use payment terms to ensure that this scenario doesn’t happen. [06:39] - Potential problems can arise related to communication issues. [07:18] - How can you set proper expectations about communication with clients in your contract? [08:18] - Danielle talks about another potential problem area similar to communication issues: non-responsive clients. [09:42] - Having backup contact information can be a way to solve a lack of communication problem between you and a non-responsive client. [10:16] - Danielle addresses scope creep, a common issue for many service-based entrepreneurs. [11:55] - What’s the best way to ensure scope creep doesn’t happen? Here’s a simple solution and how to enforce it. [12:48] - Danielle wraps up the episode with some action steps.
Links & Resources: Episode 9: “Contracts: Money & Getting Paid” Episode 28: “Managing Drafts and Client Approvals” Episode 38: “How to Avoid Scope Creep” | |||
| 19 Jan 2021 | 001: Introduction | 00:12:12 | |
Many years ago, someone told me that I was the least lawyer-y lawyer she’d ever met because I helped make legal easier to understand. To this day, it’s one of the best compliments I’ve ever received in my professional life. I’m not just an attorney, but also an experienced business leader who knows what it’s like to be in the thick of small business operations. After getting my undergraduate degree, I worked in loyalty marketing for a credit card company before going to law school. Early on in my legal career, I focused mostly on business and construction litigation and learned the nuances of contract law. Thus, my love for the fine print began. I eventually left litigation and served as General Counsel and Chief Marketing Officer of an influencer network. With my former business partner, I left to start Businessese and a law firm, which I later left to become General Counsel and Vice President of Affiliate Programs for an online health and wellness company. In addition, I’ve gone behind the microphone as a guest on other people’s podcasts to discuss legal topics for bloggers and influencers, licensed professionals, and online business owners...which brings me to this podcast. If you’ve ever felt legal was too scary, too overwhelming, too complicated, or just plain incomprehensible, you’re not alone. Simplifying Legal is here to help, and like most podcasts, this first episode is an introduction. I go over my history and talk a little more about what you can expect from the podcast itself going forward. In each episode, I’ll do a deep dive into a legal topic and give you concrete next steps, so you can apply it to your business. My goal is for you to walk away from each episode thinking, “Oh, that was a lot easier than I thought it would be.”
In this episode: [01:16] - Danielle tells you a little about herself and what you can expect from the podcast. Her career has changed significantly since the start. [02:06] - Throughout her career, Danielle has also blogged as a creative outlet. She started in 2004 while in law school. [02:58] - On nights and weekends in 2011, Danielle spent time working at a start-up influencer network. It allowed her to move on from litigation. [03:45] - Danielle describes the birth of Businessese. [04:31] - At the end of 2018, Danielle received an incredible offer from a business that grew from 11 clients to eight figures in less than three years. [05:10] - Danielle knew it was time to move on in early 2020, and the timing ended up being perfect. She got to be home to support her son and get clear on her business vision. [06:31] - What’s Danielle’s legal philosophy? As it turns out, her last name makes for a nice acronym. [07:15] - Danielle may not be like the lawyers you probably think of when you hear the word lawyer. [07:56] - What can you expect from this podcast? Danielle lays out her goals. [09:40] - Who is this podcast for? Some of the topics Danielle will talk about apply to a very specific profession or type of business. [10:16] - Are you into Enneagram types? Danielle tells you her type, as well as her Myers-Briggs personality, and why it all applies to how she approaches this podcast.
Links & Resources: Myers-Briggs Type Indicator Basics | |||
| 15 Feb 2022 | 048: Structuring Money-Back Guarantees | 00:12:35 | |
With all the talk about complying with the FTC over the past few episodes, it should come as no surprise that the organization also has guidance on money-back guarantees. Money-back guarantees are a heavily used sales tool and, sometimes, they honestly make me cringe. In this episode, I discuss how to structure money-back guarantees. You’ll learn about the most common money-back guarantees and how to create better, compliant policies. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:29] - Danielle starts the episode with a short review of the Federal Trade Commission’s primary goals. [03:25] - Don’t make the mistake of thinking you can get around FTC compliance with selective language! [04:21] - As long as you follow the FTC’s rules, you can put parameters on your money-back guarantees. [05:00] - Danielle describes the most common money-back guarantees she sees in the online business space. [06:16] - How do you build better money-back guarantees? Danielle’s #1 recommendation is pretty simple. [07:33] - Do this if you get customer complaints about your money-back guarantee. [07:59] - Make sure any time-based conditions are well-defined. Danielle illustrates why. [08:58] - Danielle provides an example of how you can structure a 14-day money-back guarantee for an offer like an online course. [09:27] - Proof-based money-back guarantees are the most complicated. How do you lessen the chances of yours becoming a problem? [11:01] - The show wraps with your recommended action steps.
Links & Resources: | |||
| 23 Feb 2021 | 008: When Do You Need a Contract? | 00:16:40 | |
Contracts are incredibly important for small business owners. Because of their importance, I’ll be talking all about contracts for the next few episodes of the show. In keeping with my mission to simplify legal, I’m not going to get into the highly legal side of contract formation. My goal for this particular series is to tell you about the different types of contract terms, so you’ll not only know what you want in your client agreements but also have a better understanding of what to look for in other contracts you enter on behalf of your business. Today, however, I’m starting with a bigger question: when do you need a contract? The answer: it’s probably more often than you think. In addition, I define a contract, tell you the reasons why business contracts matter, and go over any terms or sections you should include in each type of agreement I cover. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:12] - Before revealing when you need a contract, Danielle discusses what exactly a contract is. [02:57] - Contracts can take other forms even if typical ones are signed by the parties involved. [03:33] - A good contract should set out so much more than just the payment terms. [03:52] - Danielle quickly reviews six reasons why business contracts matter. [06:02] - Client agreements are among the most important foundational documents for a service-based business and should include these provisions. [08:07] - As a blogger or influencer, you’ll want a lot of the same terms in your sponsorship agreements. [08:36] - If you have team members, you need a team agreement. Different terms apply for independent contractors and employees. [10:49] - Vendor agreements often overlap with a lot of the clauses Danielle previously discussed. [11:38] - With speaker agreements, look carefully at compensation since it varies greatly across different events. [12:59] - Keep these two big, recent trends in mind for any speaking agreements you create or sign. [13:49] - Danielle addresses the last contract category which isn’t that common for all businesses but still worth mentioning. [14:39] - Danielle lays out the action steps for today.
Links & Resources: “Protecting Your Business: Six Reasons Why Business Contracts Matter” Episode 004: “How to Protect Your Website” Episode 005: “How to Protect Your E-Commerce Website” “Independent Contractor or Employee? A Guide for Online Business Owners” | |||
| 01 Mar 2022 | 050: Legally Deal with Negative Reviews | 00:14:10 | |
Business owners make a regular practice of using testimonials in their marketing. Many businesses also ask customers to leave reviews on public third-party platforms like Google, Yelp, or Facebook. The goal is to capture those positive experiences to help attract more clients and customers. But these public reviews also mean you’re opening yourself up to criticism and negative reviews. How should you deal with negative reviews? In this episode, I look at this from a couple of different angles based on questions I’ve been asked before. Can you legally prevent the posting of a negative review, and can you threaten to sue to have one taken down? Let’s dive into it! Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [03:18] - Can you legally prevent someone from leaving you a negative review? [03:51] - The Consumer Review Fairness Act (CRFA) protects honest consumer assessments. Danielle discusses what used to happen before its enactment in 2016. [05:18] - What does the Consumer Review Fairness Act cover? [06:01] - The CRFA does allow you to manage certain types of content in reviews. [06:50] - What if someone leaves a dishonest review? Instead of fighting to get it taken down, you can try this instead. [07:01] - Danielle reveals one important thing to note about the CRFA. [08:19] - Can you take certain actions against someone who posts a negative review on your own platform or website? The CRFA doesn’t cover this, but the FTC has a clear position. [08:51] - Danielle discusses the recent settlement agreement between the FTC and Fashion Nova that precipitated the FTC’s position. [10:00] - Can you threaten a lawsuit to remove negative reviews left on a third-party platform? If you’re considering it, keep these things in mind. [12:17] - Danielle reveals your action steps for today.
Links & Resources: Episode 45: “Using Testimonials” | |||
| 06 Apr 2021 | 014: Non-Compete and Non-Solicitation Clauses | 00:13:29 | |
What do non-compete and non-solicitation mean when talking about an employment agreement? As a small business owner, you need to know how to properly use these clauses. But what do you need to know, and how are these clauses used within agreements? In this episode, I talk about considerations before you even start drafting your non-compete clause, questions to ask yourself while drafting, and precautions you need to take (especially with non-competes). I also give examples of each type of clause and some action steps. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:00] - A non-compete clause typically appears within an employment agreement, although it can be separated as its own agreement. [02:42] - You need to exercise caution when using these clauses, especially non-competes. [04:16] - Make sure your non-compete clause isn’t too restrictive; otherwise it may be unenforceable. [04:36] - Consider what you’re trying to protect in your business before you start drafting clauses. [05:25] - How long will the clause be in effect? The time request needs to be reasonable. [05:46] - What actions are you prohibiting? Often, non-competes are based on three things. [06:40] - Including a geographic region might not make sense for you if you’re an online business. [07:36] - Danielle reviews an example of a basic non-compete clause. [09:06] - With non-solicitation clauses, you need to consider similar things as non-compete clauses. [09:45] - Danielle reads an example of a fairly typical non-solicitation clause. [10:39] - Wrapping up the episode, Danielle gives a quick review of the clauses and reveals the action steps to take.
Links & Resources: | |||
| 26 Oct 2021 | 034: Legal for Service-based Business Owners | 00:15:54 | |
Service-based businesses cover a really broad range: from professional services, like legal, to things like educational consultants. As with any business, it’s critical to get all of your legal ducks in a row. So today, it’s time to turn our attention to service-based businesses. If you provide a service, tune in as I guide you on selecting a legal entity, working with clients, hiring more people, and protecting yourself, your business, and your brand. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [03:13] - Should service business owners choose to be a limited liability company (LLC) or sole proprietorship? [04:51] - Don’t forget to do this if you provide professional services as an LLC. [05:17] - Danielle makes a few recommendations for creating one of the most important documents in your business: a rock-solid client agreement. [06:56] - Your client agreement should evolve along with your company. If you get repeat business for different projects, transition to this type of agreement instead. [08:10] - What do you need to include in the privacy policy on your service-based website? [09:04] - Danielle discusses terms and conditions and disclaimers for service entrepreneurs. [10:07] - How do you protect your service-based business and brand? [11:43] - Although providing a service, you might eventually add digital products such as DIY templates. Here’s how to ensure the protection of these copyrighted materials. [12:38] - Danielle mentions a few things to keep in mind as you expand your capacity and hire more people. [13:51] - Follow these action steps today to protect your service-based business.
Links & Resources: | |||
| 11 May 2021 | 019: Group Program Agreements | 00:15:31 | |
Ever run or been a part of a mastermind or group coaching program? Masterminds and group coaching are common examples of group programs; they're typically hosted by a business and include a group of members who all receive similar content. On today’s show, I’m focusing on the kinds of agreement that you need in a group program. Group programs sometimes include pre-recorded components similar to a self-paced course. In my law firm, for example, I work with a lot of nutrition professionals with group programs that include recorded modules with video and PDFs, plus weekly Q&A calls for members along with a forum where they can interact. But there’s also usually some live element that differentiates it from being only an online course. You’ll find lots of similarities between group program agreements and client agreements, too. But group program agreements do have a few unique features. I discuss them in my overview of some of the most important parts of a group program agreement in this episode. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:36] - Some group programs have no one-on-one interactions between participants and the facilitator, while others do as part of the program or as an add-on or upgrade. [03:30] - Unlike a client agreement, a group program agreement usually has a specific start and end date. [03:57] - Group programs often provide flexibility in termination provisions for ending the agreement early, but many come with this caveat. [04:43] - Danielle discusses compensation considerations in group programs. [05:28] - How will you handle refunds in the event of a termination? This is a potential area for disputes so it’s important to be cautious. [05:57] - For individual coaching sessions, ensure you state whether or not the information shared will be kept confidential. [06:32] - In many group programs, you’ll be sharing your intellectual property in the group. What rights will members have to this content? [06:53] - Danielle offers agreement considerations for group programs run by a licensed professional, using the field of nutrition as an example. [08:18] - Your use of disclaimer depends on the type of program you offer. [08:38] - The statement of work provision is where you go into detail about what’s offered. [10:22] - In your agreement, how will you define how the group participants interact with one another? [11:21] - Danielle shares a statement she always includes in group agreements regarding participant behavior toward others in the program. [13:17] - Take these action steps for your group program agreement(s).
Links & Resources: Episode 11: “Ending a Contract” Episode 15: “What Do Boilerplate Contract Clauses Mean?” Group Program Agreement for Business Coaches & Consultants | |||
| 16 Feb 2021 | 007: Why You Need a Legal Strategy | 00:17:13 | |
I’m a planner--always have been and probably always will be. I love planning in all areas, whether it’s short or long-term. I always make planning from a business a priority. It’s such a good way to analyze what has happened in the past and to make sure I’m properly preparing for my upcoming goals. In my career, I’ve had the opportunity to work with business owners at all stages. For many, when they do business planning it involves things such as team, financial goals, marketing, sales, social media, and so many other areas. But they aren’t considering legal when they’re strategizing. Today, I’m covering a broad topic that is one of my favorites: creating a legal strategy for your business. A legal strategy is important for any business. It can help you budget, reduce the overwhelm many people feel when they think of legal, and most importantly, give you peace of mind. In this episode, I talk about the reasons people have for avoiding the creation of a legal strategy in the first place. I give you a step-by-step plan to build your legal strategy and get into the finer details of applying it to your business, before wrapping it up with action steps for you to take. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:34] - When it comes to having a legal strategy, business size doesn’t matter. [03:45] - Danielle emphasizes that avoidance is not a legal strategy. Why do people avoid it? [04:47] - Danielle has heard this feedback from women with virtual businesses who’ve struggled to find lawyers. [06:17] - How do you go about building a legal strategy for your business? [07:03] - Starting with the first step, Danielle looks at legal strategy from the perspective of a service-based entrepreneur. [08:15] - It’s important to think about any long-term business goals you currently have and consider their impact. [09:18] - After creating a general legal strategy, it’s time to see how it applies to each of the different steps within your business. [11:25] - Do your agreements with contractors offer you protection to minimize your risk and protect your intellectual property? [12:52] - Keep others’ intellectual property in mind if you plan on using any distinct branding. [15:12] - Danielle provides today’s action tips to create and implement a legal strategy.
Links & Resources: “Avoidance Is Not a Legal Strategy” Episode 002: “Legal Template or Lawyer?” Episode 004: “How to Protect Your Website” | |||
| 19 Oct 2021 | 033: Legal for Virtual Assistants | 00:16:26 | |
Starting any kind of business is an exciting but overwhelming venture. With so many things to do, from figuring out your niche to finding clients, your to-do list can seem endless. A virtual assistant business is no different. In this episode, I review different aspects of a VA business and guide you on protecting your content, brand, and company. I cover selecting a legal entity, working with clients, building your team, and more. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:40] - Under what legal entity should a VA business file? Danielle discusses the pros and cons of sole proprietorship and LLCs. [04:54] - Danielle talks about one of the most important agreements for virtual assistants. [07:15] - Here’s a caveat if you niche your VA service into one specific area. [07:51] - What legal policies do virtual assistants need for their website? There are a few you should include. [10:20] - Trademarks and copyrights are the most important types of intellectual property rights. Danielle discusses how they relate to your VA business. [12:10] - Include these revisions if you ever add digital products down the road, whether for free or for sale. [13:18] - What must you know as you expand your VA company and hire more people? [14:17] - Danielle wraps up with your action steps for today.
Links & Resources: Legal Templates for Virtual Assistants Episode 31: “Website Accessibility” | |||
| 20 Apr 2021 | 016: Contracts Q&A | 00:13:06 | |
Today’s the final episode in the contract series! I’m doing things a little bit differently and will answer some questions I’ve gotten about contracts throughout the series. I offer explanations, give tips and examples, and highlight issues regarding signings, master service agreements, contract length, legalese, agreement revisions and updates, electronic signatures, and more. Then I wrap up the episode with some general suggestions to help you create or shore up your contracts. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [01:38] - How should the names of the parties be entered into the agreement? [02:50] - Danielle offers a crucial signing tip for agreements between businesses. [03:06] - What is a Master Service Agreement (MSA) and when should you use it? [03:56] - Danielle’s legal clients often ask her about shortening agreements. [04:53] - Typically, clients really want a plain-language agreement and don’t care about contract length. [05:46] - A little legalese is necessary for your plain-language contract especially regarding intellectual property ownership or boilerplate clauses. [06:07] - If someone asks you to change your agreement, does it mean the contract is no good? Danielle discusses revisions. [07:49] - How often should you update your contract? It depends. [08:56] - Danielle answers a disclaimer question regarding the hire of a PR specialist. [09:55] - Are electronic signatures valid, and what services does Danielle recommend? [11:06] - To wrap up this series, Danielle recommends a few general action steps.
Links & Resources: | |||
| 11 Jan 2022 | 043: Working with Subcontractors | 00:18:44 | |
Plenty of small business owners use an individual or business to carry out a portion of their work. These subcontractors can become part of your business growth strategy and are a great way to delegate tasks to someone else before hiring an employee. If you are a service-based business owner, I’m concentrating on the type of relationships that you’ll have with subcontractors. Today I review several important areas for consideration when you’re working with subcontractors including scope of work, payment terms, ownership, intellectual property, and client relationship protection. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:33] - Danielle shares one big caveat before diving into tips for working with subcontractors. [03:40] - Will your client and the subcontractor have any direct interaction with each other or not? Danielle offers considerations for both scenarios. [06:12] - Follow these tips to ensure that your subcontractor agreement has a clear scope of work. [07:25] - How (and when) will your subcontractor be paid? [07:54] - Some businesses will also include this provision in their payment terms. [08:17] - Like any contract you enter into, you’ll also want to have this provision in your subcontractor agreements. [09:46] - Danielle discusses intellectual property rights and ownership of deliverables, including original content, when working with subcontractors. [12:28] - Can your subcontractor include the work they’ve done on behalf of your clients in their portfolio? [13:44] - When working with subcontractors, you need to address the confidentiality of both your information and your client’s. [15:07] - Danielle goes over what you need to know when including non-solicitation clauses in subcontractor agreements to help protect client relationships. [16:58] - The episode wraps up with your action steps for today.
Links & Resources: | |||
| 23 Mar 2021 | 012: Exclusivity in Contracts | 00:13:04 | |
Today is all about exclusivity in your contracts. An exclusivity provision places restrictions on one of the parties so that certain aspects of the relationship will be exclusive between the parties. Not every contract includes this type of provision, but a handful of industries use them regularly. Exclusivity clauses are extremely common for bloggers and influencers, particularly in sponsored content agreements. Exclusivity is often a heavily-negotiated area so you need to know how to read these provisions and evaluate if they’re a good fit. In this episode, I cover several areas typically included in exclusivity clauses within contracts, providing examples along the way. I also touch on what you must do to ensure you’re working with good exclusivity clauses, before wrapping it up with a couple of action steps. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:49] - Exclusivity clauses can include these considerations. Danielle takes a look at each. [03:08] - An exclusivity clause needs to be specific about when it’s in effect. [04:01] - This type of timing stipulation has become pretty common in contracts for bloggers and influencers. [04:44] - Why should you be aware of the duration of the exclusivity period? [06:06] - Danielle discusses exclusivity provisions covering different geographic areas with some examples. [06:47] - Concerning the type of services, some exclusivity provisions will be broad while others are more specific. [07:16] - Service providers may be contracted to provide their services exclusively for a partner in certain business categories. [07:52] - Danielle talks about why you should be aware of vague definitions regarding exclusivity in business categories. [08:56] - Which extremely common clause in exclusivity contracts is also often poorly drafted? [10:32] - What makes a good exclusivity provision? Danielle covers two important aspects of one. [11:25] - Danielle gives a short review of action steps to take next.
Links & Resources: | |||
| 26 Jan 2021 | 004: How to Protect Your Website | 00:15:48 | |
If you’re an online business owner, your website is a huge piece of your business. Even if you aren’t working primarily online, your website still plays an important role. For a lot of small business owners, it’s probably something in which a lot of personal time and/or money gets invested. It also tends to be a place that’s important in helping your business grow as you connect with your leads and sales prospects. Since your website is so important, it’s key to make sure you’re protecting it with the right policies. When I refer to website policies, I’m referring to the policies posted on your website that create an agreement between you and your site’s audience about how they can use and interact with the site. You’ll usually find them linked in the footer of the website at the bottom of the page. Let’s talk more about protecting your website. I discuss the three main types of website policies, what’s included in them, and how to figure out whether or not you need them on your business website. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts.
In this episode: [02:40] - Why is this such a timely topic as of this recording? [03:27] - Danielle talks about the big three: website terms, privacy policies, and disclaimers. [03:53] - Usually, you’ll want to include some of these sections in your website terms. [06:25] - Do you need to have website terms on your business website? [07:00] - Next up, Danielle discusses privacy policies in more depth. What do they outline and typically include? [09:17] - Based on many data protection policies, how should you handle collecting information from minors. [10:21] - How do you know if your business needs a privacy policy? Discover the easiest way to find out. [12:06] - You may need to include this particular type of disclaimer if you talk about sales and business. [12:46] - Does your business website need a disclaimer? [13:35] - Do bloggers need disclaimers too? [14:02] - To wrap up, Danielle gives three action steps for you to take after this episode.
Links & Resources: | |||
| 30 Mar 2021 | 013: Content Ownership in Contracts | 00:16:51 | |
Content ownership impacts many types of business owners, especially creatives like graphic designers, photographers, and copywriters, and the businesses that hire them. It’s also a big part of influencer marketing agreements. This episode focuses on content ownership clauses, which are often filled with confusing legalese. I’ll discuss what the clauses mean and how they can impact your business. Even if you’re not a creative or influencer, you’ve probably entered a contract that has some type of content ownership provisions. For example, logo or website design and headshot photography are very common things you may have dealt with if you have a website. So content ownership comes up a lot for all business types, and the agreement will typically govern your use of the original content someone has created for your business. In this episode, I will talk about the three terms in content ownership provisions you need to know and how they often show up in a contract. Then I spend some time diving into licensing language and how to make it easier to understand, before wrapping up with some action steps. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:57] - Danielle gives a brief overview of copyrights and trademarks. [03:53] - How does the U.S. Copyright Office define copyright? Their definition isn’t really clear but Danielle reveals the key pieces. [04:35] - Copyright owners have these exclusive rights. [05:28] - Danielle talks about how copyright works. [06:43] - Work-for-hire, license, and assignment are three important terms you need to know and understand in a content ownership provision. [07:00] - The U.S. Copyright Act defines these two categories for work-for-hire. [08:12] - How do each of the three key concepts show up in content ownership clauses? [10:12] - Licenses can get complicated. The language in the license should be specific and cover a few categories. [10:51] - Danielle gives an example of a more complicated license agreement from one of her legal clients. [11:39] - To understand licensing language, break it down into the various components that typically come up in these clauses. Consider these areas. [15:00] - Danielle reviews today’s action steps.
Links & Resources: | |||
| 04 Jan 2022 | 042: How to Find a Lawyer | 00:14:35 | |
Do you dread the idea of finding a lawyer for your small business? I know we lawyers occasionally have a reputation for being expensive, underhanded, full of confusing legalese, and out to exploit whatever (and whomever) we can to make lots of money. But those of us who know we’re not like that find those tropes frustrating. Hiring a lawyer shouldn’t be a case of avoidance until a last-minute scramble for desperately-needed legal advice forces the issue. I believe that a small business owner needs a lawyer in their corner who knows their business and can help in their journey. But how do you find that lawyer who’s the one for you and your business? In this episode, I give you several tips for researching and hiring a lawyer who’s the right fit for you. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [03:06] - What is the one thing you must always remember when looking to hire a lawyer? [03:40] - The first tip can go a long way to help you feel more comfortable in this process. [04:42] - Carefully consider what you need for your business. Danielle offers guidance if you don’t know what you need. [05:53] - Do this if you know you need individualized advice that a 15-minute free consultation can’t give you. [06:31] - Beware of making this common mistake with lawyers. Danielle uses her household as an example to demonstrate why. [08:26] - Danielle reveals the most important tip you should follow when choosing a lawyer. Movies and TV shows might have you thinking otherwise. [09:18] - How can you find out what the relationship between you and a lawyer will look like before you hire one? [10:39] - In addition to experience, you’ll want a lawyer who can do this for you as well. Ask these questions before you choose. [12:03] - Don’t be afraid to consider your budgets and infer about fees. Danielle offers questions to ask lawyers under your consideration. [12:57] - Follow these action steps during your search to find the right lawyer for your business.
Links & Resources: | |||
| 14 Dec 2021 | 041: How to Handle Contract Revisions | 00:17:21 | |
At least two sides exist for every contract: the party who issues the contract and the party who reviews and signs it. In an ideal contract situation, each side mutually benefits and feels protected by all the terms contained within it. This isn’t always the case, though. Sometimes, the signer will see something that doesn’t reflect what they thought was agreed upon. Or a topic mentioned within the contract never came up in the initial discussion. That’s where contract revisions come in. In this episode, I talk about how to handle revision requests from both sides of the agreement. I offer tips for each side and discuss some of the most commonly revised terms in contracts. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode: [02:37] - How should the signer handle revisions of a contract? Step one is fairly simple. [03:26] - Danielle reveals the next step of the revision process for signers. [04:27] - What if you run into a worst-case scenario? Here’s what to consider if the agreement doesn’t go as planned. [05:43] - Danielle gives her recommendation for how to send revisions to the issuer. [06:22] - Don’t make the mistake of this assumption after you’ve sent a revised contract. [06:58] - Danielle takes a look at handling revisions from the issuer side. [08:02] - You have three options for how to respond to clients requesting contract changes. [08:44] - Most revision negotiations go smoothly. But keep this tip in mind if you reach an impasse and can’t agree on how to proceed. [09:31] - Danielle covers some of the most commonly revisable terms in a contract by the signer. [12:02] - This particular revisable term can be a hot button issue. What did Danielle do when she didn’t agree with a client over ownership of services? [15:42] - Danielle quickly summarizes the steps and reveals actions you should take next.
Links & Resources: Episode 13: “Content Ownership in Contracts” Episode 30: “Copyrights 101” | |||