Webinar for National Interiorscape Network Members JUNE 23, 2016
About Sparks Law • Our Philosophy • Relationship between Attorney and Client SPARKSLAW PRACTICE.COM 470.268.5234
What is the purpose of a Contract – and specifically a Terms & Conditions Form? SPARKSLAW PRACTICE.COM 470.268.5234
The Basics: What Do You Agree to Do? • What Services will you Provide? • The Term – and any Renewals • Who owns the plants and accessories? SPARKSLAW PRACTICE.COM 470.268.5234
The Basics: What Does Your Customer Agree to Do? • Terms of Payment & Time for Payment • Access to Premises • Temperature of Premises SPARKSLAW PRACTICE.COM 470.268.5234
What Happens if there is a Dispute? • How to Terminate the Agreement? • What constitutes a Default? • Cure Period? SPARKSLAW PRACTICE.COM 470.268.5234
What Happens if there is a Dispute? …CONTINUED • Governing Law & Jurisdiction • Mediation vs. Arbitration vs. Litigation • Attorney Fees SPARKSLAW PRACTICE.COM 470.268.5234
Other Important Considerations • Name the Parties Appropriately • Limit Consequential Damages • Liquidated Damages for Breach and/or Buyout • Merger Clause Provision • Amendment Provisions • Force Majeure SPARKSLAW PRACTICE.COM 470.268.5234
COMMONLY ASKED QUESTION 1: What if the Customer won’t sign? SPARKSLAW PRACTICE.COM 470.268.5234
COMMONLY ASKED QUESTION 2: There are many fill-in-the-blank agreements online. Can’t I use one of those? SPARKSLAW PRACTICE.COM 470.268.5234
COMMONLY ASKED QUESTION 3: Should I address Warranties in the T&C? Won’t that make it more likely that a customer will make a complaint? SPARKSLAW PRACTICE.COM 470.268.5234
Sparks Law Subscription Plan • Up to one hour of attorney consultation or contract review per month (a $275 value); • Monthly review of a different aspect of your business ($950 annual value); • Monthly newsletter on changes in the law that affect business owners; and • Low hourly rate of $175 for additional attorney work. SPARKSLAW PRACTICE.COM 470.268.5234
Please feel free to contact me with questions. SPARKS LAW, LLC 470-268-5234 jsparks@sparkslawpractice.com 11340 Lakefield Drive, Suite 200 Johns Creek, Georgia 30097 SPARKSLAW PRACTICE.COM 470.268.5234
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