Texas Gym Personal Trainer Agreements: What Do You Need?

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texas gym personal trainer agreementsThere are three common trainer agreements you should consider having when you own a Texas gym. Because the right agreements in place can prevent many lawsuits and reduce/eliminate your liability exposure if there is a lawsuit.

Texas Gym – Trainer Employment Agreement

Now if you’re going to treat your trainers as employees, there should be an employment agreement between your gym as the employer and each trainer who is an employee.

Gym – Personal Trainer Contractor Agreement

What if your trainers are not gym employees? Then there should be an independent contractor agreement between your gym and each trainer. Be careful not to disguise an employee as a contractor because you could end up owing the government back taxes and penalties.

Trainer – Gym Member Contract

Naturally, the third agreement is between the trainer and each gym member who retains the trainer’s services. This is used where the trainer is providing personal training services that are beyond the scope of the Texas gym membership agreement between your gym and the member.

Of course, gyms often don’t need all three types of trainer agreements. If you need help deciding which ones are necessary for your Texas gym, or complying with the Texas Health Spa Act, schedule a phone consultation with Business Lawyer Mike Young today.

Should Your Software License Be Exclusive?

By | Software Agreements, Software Lawyer | No Comments

Software LicenseWhen you’re licensing software to someone else, you’ll want to the license granted by your software agreement to be non-exclusive so that you can license it to others too.

Naturally, a premium price should be paid for exclusivity because it eliminates your ability to sell licenses to others in the market.

However, it does make sense sometimes to offer limited exclusivity when software licensing. For instance, you may provide a license that’s exclusive by a geographic area and/or within a particular industry niche. These limitations are designed to protect the licensee from a competitor purchasing the application.

Of course, you may want to charge a premium for this limited exclusivity too because it does restrict your ability to sell to others within that area or niche.

And you can offer a time-limited exclusivity as well.

For example, let’s say you have a dental practice software application that you want to license by geographic area to dentists. But you don’t want it to be perpetually exclusive.

One possible solution would be an end user license agreement (EULA) to one dental practice in a single zip code that’s exclusive for 24 months. After the two years have passed, the license is nonexclusive so that you can sell licenses to other dentists in the same zip code.

An experienced software lawyer can craft a bespoke licensing agreement that meets your exclusivity needs. If you want help with this from Software Lawyer Mike Young, the first step is to set up a phone consultation with him.

Software Development And Liability For Glitches

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software developerWhen you’re developing software for others, you want to make sure that your liability exposure is limited when there are glitches. After all, you don’t want to be legally responsible if an application you’ve developed isn’t running 24/7.

This is particularly true in Software-as-a-Service (SaaS) situations where a third-party cloud platform you’re using has downtime that prevents your software from running at times.

So, how do you handle the issue?

The easiest way is a professionally prepared software agreement that will reduce or even eliminate your liability for bugs and other glitches that prevent continuous use of your app.

Now, it’s not just a legal liability issue. It’s also setting user expectations up front about software performance.

An experienced software lawyer can address this and other important issues in the software development contract you’ll use with your customer who retained you to create the app. Or, if you’re developing the app for your own company to sell directly to users (e.g., your own SaaS), the software attorney can craft an end user license agreement (EULA) that meets your unique needs.

To get help from Software Lawyer Mike Young, your first step is to book a phone consultation with him.

Does Your Services Contract Hold You Hostage?

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fix a contractOne of the big mistakes you can make as a services provider is to enter into a business contract that holds you captive until the agreement ends…and sometimes even afterwards. This is true no matter what type of services you provide on an independent contractor basis (e.g., software development, copywriting, etc.).

How does it happen?

The typical services agreement with this trap essentially bans you from doing work for others during the term of the agreement (or even a period of years after the contract ends) in exchange for the compensation you’ll receive for providing services during the contract’s term.

Although you’re doing the work on a freelance basis, the contract puts you in the position of an employee (or worse) by forcing you to rely upon one client for your source of income. That’s a risky proposition for any services provider to be in.

Here’s why…

  • What if the client decides to not renew the agreement at the end?
  • Or the client terminates the contract early?

How long will it take you to replace the lost income?

There’s a reason for the saying “Don’t put all of your eggs in one basket.”

Because relying upon one source of income isn’t stable foundation for an ongoing business or a sound plan for paying your bills.

An experienced business lawyer can make sure that the agreement you sign to provide services gives you the flexibility to have other clients simultaneously so that you’re not caught in a bind.

Remember, even if you do have multiple clients, it’s rarely a good idea to let one become your primary source of income. For example, getting 80% of your revenues from single client may seem like a good idea…until that client isn’t paying you.

If you need help with your services contracts, whether creating a template to use in your business, reviewing an agreement, or fixing a contract, it’s time to schedule a phone consultation with Business Lawyer Mike Young.

Who Owns A Copywriter’s Work Product?

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copywriting agreementWhether you’re a copywriter or someone who has retained one to prepare sales copy for your business, one of the most common mistakes made is to fail to identify who owns the intellectual property.

Is the copywriting work-for-hire that’s owned by the business or does the copywriter own it?

Two Ways To Handle Sales Copy Intellectual Property

The best way to handle this issue is to address it clearly in the contract between the parties (the project’s copywriting agreement) before the work begins.

However, you can also address it with legal documents after the fact if needed. This could include a copyright assignment and/or a license to use the work depending upon what the parties agree upon. Unfortunately, doing it afterwards may be more difficult because both parties have likely operated under the assumption that they each own the sales copy to do with as they please in the future.

Where To Get Help With Copywriting Ownership

An experience business lawyer who understands direct response copywriting can provide you with the right legal documents to help you get what you want when it comes to intellectual property ownership. To get help from Attorney Mike Young with this issue, the first step is to schedule a phone consultation today.