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Mike Young, Esq.

Sep 30

Copywriting Agreement: Who Owns The Sales Copy?

By Business Lawyer
copywriting agreement contract example

One of the most common mistakes made on a copywriting project is to be unclear as to who owns the copy.

Too often, the client believes it owns exclusive rights to the copy. On the flip side, the copywriter plans to recycle the copy for other clients.

Fortunately, there are multiple ways to resolve this issue by using clear and concise legal language within the contract between the parties.

Here are some possible scenarios…

1. The client owns the sales copy but pays the copywriter a premium (e.g., 3x the price) for exclusive rights.

2. The copywriter owns the copy but licenses it to the client for use. The copywriter can recycle the copy for other clients.

3. The client owns the copy but agrees to transfer ownership to the copywiter when the client ceases to use it.

4. The client owns the copy but licenses it back to the copywriter to repurpose for clients in noncompeting markets.

Of course, there are variations of these that can be implemented too.

Are you a copywriter? Do you need a new copywriting agreement to use for your business? Or to upgrade the contract you’re already using? Let’s talk. Schedule a phone consultation with Business Lawyer Mike Young.

“I’ve had sales copy reviewed by Internet Marketing Attorney Mike Young. I’ve been doing business with him for years. In fact, he does all my legal disclaimers and agreements, for my websites, some up-coming offers I’m launching, my paid newsletter, and everything in between.” – Ben Settle

“As a copywriter and entrepreneur, I usually do whatever I can to avoid attorneys. Fact is, the overwhelming majority of attorneys don’t have a clue what entrepreneurs want and need. Michael Young is the exception. He understands internet marketing and what internet marketers need. Recently, I contacted Mike to get some legal advice and his knowledge and preparation really impressed me. So if you need to contact a lawyer, and you need somebody who understands the unique legal challenges facing today’s internet marketer, I recommend you contact Mike Young.” – Matt Marshall

Sep 29

Who Signs Your Software Development Agreement?

By Internet Lawyer, Software Agreements, Software Lawyer

software development contractWhen you’re a software developer, even the best app development contract in the world can have major problems if the wrong people sign the agreement…or they sign the contract in the wrong capacity.

Lack of Signing Authority

If a company wants to weasel out of your software development agreement, one way to do this is to claim the person who signed the contract on the company’s behalf lacked signing authority to bind the business to the contract.

This often occurs where one of the company’s owners opposed the development project in the first place. Or there is buyer’s remorse because of circumstances that may be beyond your control. For example, there’s a negative financial event at the company and a sudden need to cut expenses and retrench.

In either scenario, rather than being honest and renegotiating the deal with you, the excuses start to fly as to why the work won’t proceed, including an alleged lack of signing authority.

Signatures In Wrong Capacity

If your software development contract doesn’t have the correct signature lines, it can become unclear exactly who is responsible.

How is this possible?

Signature lines are improperly set up so that it appears that one or both parties are signing as individuals rather than on behalf of their respective businesses. In such cases, you may not have an agreement with the company itself but just one of its employees as an individual.

Fixing Your Software Development Agreement

If you need legal help with your software development contract, it’s probably time to schedule a phone consultation with Software Lawyer Mike Young.

Sep 23

Does Your Texas Gym Membership Cancelation Policy Violate State Law?

By Business Contracts, Business Lawyer
texas gym membership contract

When you own a Texas gym, it’s important to make sure you comply with state law, particularly the Texas Health Spa Act.

For example, if you have a firm “no early termination” policy, and your gym is covered by the Act, then you’re probably breaking the law.

Why?

Because the Texas law makes it mandatory in some circumstances to let the member end the agreement early.

Not only that, there are certain disclosures you must make in the gym membership contract about membership cancelation rights.

What happens if you violate the Texas Health Spa Act? Every one of your gym contracts can be void.

How long would you stay in business if all your members could walk away today because their membership agreements are unenforceable?

And if there are enough member complaints, you risk a lawsuit from the Texas Attorney General’s Office too for violating the law. Can you afford that?

Now if you’re a Texas gym owner and you need help with your membership contract, it’s time to schedule a phone consultation with Business Lawyer Mike Young. Note that Attorney Young only represents Texas gyms and their owners (not gym members).

Sep 19

3 Mistakes Texas Martial Arts Dojo Owners Make

By Business Contracts, Business Lawyer
texas martial arts dojo

When you own a Texas martial arts dojo, you want to make sure you comply with state law so you don’t lose everything in a lawsuit or government investigation.

Here are three common mistakes made by Texas dojo owners…

Mistake #1 – Violating The Texas Health Spa Act.

If you don’t comply with state’s Health Spa Act, every one of your members’ contracts could be void. And that’s in addition to other penalties you could face for violating the law.

How would you be able to stay in business if you couldn’t enforce your membership agreements?

Mistake #2 – Wrong Waivers & Releases

Most liability waivers Texas gyms and martial arts studios use are (a) at least partially unenforceable and (b) don’t cover everything you need as an owner for protection.

What this means is an increased risk of getting sued for personal injuries or intellectual property rights by a guest or member…and losing that lawsuit.

Mistake #3 – Treating Employees As Independent Contractors

Whether an instructor or someone working at the front desk, it’s a mistake to disguise an employee as an independent contractor in order to save time or money.

Because if you get caught, you can end up paying additional employee compensation, unemployment and worker’s compensation, plus penalties.

Do you need help protecting your Texas martial arts dojo by putting the right legal documents in place? If so, it’s time to schedule a phone consultation with Business Lawyer Mike Young.

Sep 13

Software Development Agreements Clients Want To Sign

By Software Agreements, Software Lawyer
software development agreement

When you’re a software developer, you’ll want to use app development contracts that clients want to sign.

Unfortunately, many developers use agreements that chase prospects away like a fast-talking salesman in a polyester suit.

The most common mistake is to use something that looks like an amateur wrote it. And this happens when the developer “borrows” legal language from multiple agreements and patches it together. In addition to intellectual property theft, it looks like a kid with crayons scribbled it. Not professional.

And if the language is “borrowed” without fully understanding it, chances are many of the terms favor the prospect instead of the developer because that’s how they were drafted.

On the flip side, there’s the “thud factor” mistake. That’s where a software developer presents the prospect with an 80-page contract…something so heavy that it makes a “thud” sound when dropped down in front of the prospect.

These monster contracts typically are filled with “whereas,” “the party of the first part,” and other ancient language designed to induce a coma as the prospect reads each page. In other words, language that could have been used by medieval lords to transfer castles have no business being in a modern tech contract.

If you’re a developer who wants to convert prospects while also protecting yourself and your business, it’s probably time to get a custom software development agreement prepared that you can use as a template for your deals. The first step? Set up a phone consultation with Software Lawyer Mike Young.

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