Chas
Rampenthal who is a legal counsel at LegalZoom, an online provider for legal
solutions, has some advice for entrepreneurs who are wondering about legal
agreements. In this article he discusses three main agreement categories that
almost any business can benefit from. It is best to put these agreements in
place early in order to mitigate future legal risks. These categories include:
·
Owner
Agreements- All owner agreements have similar functions of ensuring that “the
deal between co-founders is set in stone so that everyone can focus on building
the business”. These agreements outline ownership percentages, capital
contributions and disbursements/salaries, and details of what will happen to
the business if you decide to part ways.
Ø Operating agreement
Ø Shareholders’ agreement
Ø Founders’ agreement
Ø Partnership agreement
·
Worker
Agreements-These agreements include employees as well as independent
contractors. If someone is working for you then you need to have the terms of
the deal fully fleshed out before the work commences. The agreement should set
out the duties, timing, payment, and assignment of inventions, confidentiality,
non-solicitation, and other engagement specific details. Another thing
entrepreneurs need to watch out for is improper classification of workers. The
penalties for this can be stiff including back pay, benefits, vacation and even
tax and withholding problems.
Ø Independent contractor agreement
Ø Employee Agreement
·
Customer
and Vendor/Supplier Agreements- Within the e-commerce industry, these contracts
are typically “click wrap” agreements that specify the terms of service and
privacy policies that set the service level and expectations for the consumer. When
it comes to vendors and suppliers, these agreements ensure that your needs are
met and by proxy, the needs of your customers. The terms of the agreement
should include indemnification, exclusivity, and limitations of liability.
Ø Customer agreement
Ø Vendor/Supplier Agreement
For the full
version of this article click the following link: http://www.entrepreneur.com/article/230181?newsletter=true#
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