Software Development Agreements And Problems That Arise After A Project Is Done

By | Software Agreements, Software Lawyer | No Comments

software developmentAfter you completed a software development project, very often you’ll discover that there are issues that remain unresolved, whether you’re the developer or the client who retained the developer for this project. That’s because software development agreements often have holes in them.

Here are some common app issues that need to be addressed, ideally within the software development agreement, so that you can avoid misunderstandings and even lawsuits after the project is completed.

Intellectual Property Ownership

First, who owns the application’s intellectual property?

Does the developer own the code? Does the client own the code?

Did the developer borrow code, such as open-source code or public domain code, and incorporate it into the project?

Was other third-party code licensed and used within the project?

Your software development contract should clearly identify what’s being used and who owns what.

Protect yourself as app developer or client so that there are no mistakes and misunderstandings.

Software Support

What about software support after development?

Is the developer obligated to provide any support whatsoever? If not, who will provide the support when it’s needed?

App Maintenance

Who maintains the software after the project is over? Will the developer do it or a third party?

Is it included in the development contract? And if it is, will the application developer be paid an additional fee (e.g. on an ongoing basis) in order to maintain the software application?

Software Development Agreements and Upgrades

At some point, the software that’s been developed will need to be upgraded to future versions, perhaps with even additional features and bugs fixed.

Is that included within the software development agreement? Is it even addressed?

Is there any duty whatsoever for the developer to come back, perhaps for a certain amount of money, in order to make upgrades?

If so, for what period of time is the developer obligated? 90 days? Six months? One year?

If you don’t know the answers to these questions and they’ve not been answered within your software development agreement, it’s time to sit down with the other party after speaking with an experienced software lawyer and iron out these issues with a supplemental agreement.

Can You Answer These Questions About Your Software License Agreement?

By | Software Agreements, Software Lawyer | No Comments

software license agreementWhether you’re the licensor or the licensee, too often you have no real idea what exactly are your rights and responsibilities under a software license agreement.

For example, do you know what rights were sold as part of the license? Could the licensee turn around and sell one or more copies of the software application to someone else? Is the license sub-licensable?

Is your software license revocable or irrevocable? And if it’s revocable, what events trigger revocation?

Does the licensor have ownership of any code? For example, did the developer use open source code or public domain code?

If so, how were those handled as part of the license agreement?

Because if you don’t know the answers to these questions, chances are you have no idea as to what you actually own, including what rights you have under the agreement.

Related Article: How to License a Software Application

How do you enforce the software license as licensor or licensee?

Whether it’s piracy, or some other issue, what mechanisms are in place within the software license that provides enforceability in order to protect your legal rights?

An experienced software lawyer can help make sure that you have the right software license agreement in place. Don’t assume that you have rights without actually knowing what’s in your license. Because you may be unpleasantly surprised to discover what you thought you had doesn’t exist.

How To Set Up A Texas Boxing Gym

By | Business Contracts, Business Lawyer | No Comments

texas boxing gymWhen you want to set up a Texas boxing gym, there are certain things that you need to do. Because the first rule of a Texas fight club is to obey the law so you can stay in business.

To begin, it makes sense to form a business entity as a personal liability shield.  The most common are a Texas limited liability company (LLC) or a Texas corporation.

In addition, for your Texas boxing club, you will want to be sure that you have adequate liability insurance. This serves as an additional shield beyond that provided by your corporation or LLC.

Of course, consult with a Texas business lawyer, because you’ll want to make sure that you meet  the requirements of the Texas Health Spa Act. Yes, that’s right. Most Texas boxing gyms must comply with the state’s Health Spa Act to protect gym members.

In addition, you may have to comply with the Texas biometrics law as well if you’re collecting biometric data from your gym visitors or members.

Of course, an experienced business attorney could help make sure you’ve taken the right steps as you set up your Texas boxing gym.

Does The Texas Health Spa Act Apply To Pickleball Clubs?

By | Business Contracts, Business Lawyer | No Comments

texas pickleball clubDo you have a Texas pickleball club that sells memberships? And a physical facility for your club (leased or owned)? Then chances are you’re going to have to comply with the Texas Health Spa Act if your club is based in the Lone Star State.

Why The Health Spa Act Applies To Pickleball Clubs

Under the Health Spa Act, a “health spa” is a business that sells or offers to sell memberships for instruction in or use of facilities for a physical exercise program.

Now, what’s a facility?

A “facility” means a physical building with equipment and other improvements. For example, if you have a building with pickleball courts that you’ve leased space for your club.

Related Article: Texas Health Spa Act Security Requirements

And if you’re using a physical facility like this for your pickleball club and you’re selling memberships, you need to take a look at the State Health Spa Act. Because there are some certain requirements that may need to comply with so that your membership agreements are valid.

What Happens If You Don’t Comply With The Spa Act For Your Texas Pickleball Club?

If you violate the Texas Health Spa Act, your pickleball membership contracts may be void on their face.

In other words, no matter what’s signed by the pickleball club member, even if it looks legitimate as a contract, it’s void and not enforceable against that member because the Act has not been followed.

So, what should you do?

1. Retain an experienced Texas business lawyer who understands how to comply with the Texas Health Spa Act and Texas’ biometrics law.

2. Get your pickleball club properly registered with the state.

3. Make sure that you have a membership agreement, waivers, and media releases you need to protect your club.