When Should Your Texas Gym Get A Waiver & Release Of Liability Signed?

By | Business Contracts, Business Lawyer | No Comments

Many Texas gym owners mistakenly believe that it’s unimportant when a Waiver & Release of Liability form is signed as long as eventually it gets done.

However, that’s simply not the case if you want to prevent expensive and time-consuming lawsuits.

Before a guest or member uses your facilities, he should sign a waiver and release.

What if the guest or member is under the age of 18? You’ll want a parent or legal guardian to sign the waiver and release on behalf of the child.

Don’t jeopardize your Texas gym by procrastinating on this issue. Because you don’t want to get financially destroyed in a personal injury or wrongful death lawsuit by someone who didn’t assume the risks of working out in your gym.

Of course, there are other things you should do to reduce your liability exposure. This includes complying with the state’s health spa act and biometrics law.

To learn more about protecting your Texas gym, click here.

Where Should Software Development Disputes Be Resolved?

By | Software Agreements, Software Lawyer | No Comments

Whether you’re a software developer or the client who’s paying for an app to be created, it’s important to put into place a dispute resolution plan that protects you if things go wrong.

Now if the issue is intellectual property (IP) infringment, you’ll want the right to head to court and get injunctive relief to minimize the damage caused by the infringement.

However most disputes between developer and client are about performance issues instead of IP infringement. For these issues, ideally, you’ll want to have an alternative dispute resolution (ADR) plan in place before work begins.

If you’re based in the United States, an ADR plan might include:

1. Informal resolution between the parties;

2. Mediation (online or in person); and

3. Binding arbitration using the American Arbitration Association or JAMS.

Of course, choice of law and the location ADR takes place are important factors too, particularly if the developer and client are based in different cities, states, or countries.

Naturally, dispute resolution and other important legal issues can be properly addressed by an experienced software lawyer who prepares your software development agreement.

Time To Sell Some Online Business Assets?

By | Internet Lawyer | No Comments

Like a brick-and-mortar company, an online business accumulates assets that it rarely or never uses.

If you’ve been online for more than a couple of years, chances are your e-commerce company is sitting on these types of assets.

Now’s a good time to take an inventory of what your Internet business owns and decide what you don’t and won’t need in the future.

Of course, these assets can be sold piecemeal (e.g., domain name registrations).

However, you’ll often discover a part of your company can that be spun off and sold as its own microbusiness. Sold together as a revenue generator, you can typically get more from a single buyer than selling off the parts separately to multiple purchasers.

Need help? Set up a phone consultation with Internet Business Lawyer Mike Young.

Do You Write Your Own Business Contracts?

By | Business Contracts, Business Lawyer | No Comments

If you create your own business contracts, unless you’re experienced business lawyer, chances are you’re creating a bunch of legal risks for your company with each deal.

Because most people who don’t actively practice business don’t know how to identify all of the important issues that must be covered in a commercial agreement…and they don’t know how to write the contract’s terms and conditions in a way that’s legally binding either.

Equally important, there are some things you never put in a business contract. Not only can these items expose your company to civil liability…but they can even be a crime.

Would you perform heart surgery on yourself? Of course not.

Because the risks to your health are too great.

The same is true of being your own business lawyer. If you don’t have the knowledge and experience to do it right, the down side to getting things wrong is an unacceptable risk.

If you need help preparing or revising contracts for your company, it’s time to speak with an experienced business lawyer.

Is Your Website Refund Policy Deceptive?

By | Website Lawyer, Website Legal Documents | No Comments

When you sell goods or services online, it’s important to have a website refund policy. And it needs to be accurate to avoid claims you’re engaging in false or deceptive marketing practices.

Because you don’t want the government coming after you, lawsuits from unhappy customers, or negative Google/Yelp reviews of your business.

What if you have a “no refunds” policy? Assuming it’s legal (some states have a “buyer’s remorse” mandatory refund period for certain purchases), then that should be clearly disclosed too so that prospective customers don’t find out after buying that it’s too late to get their money back.

Now if you do have a website refund policy, make sure that there are no hidden “gotchas.”

For example, if you charge a restocking fee for returned merchandise, that should be disclosed.

And if the customer is responsible for return shipping costs, be sure to make that clear too.

Of course, an experienced website lawyer can prepare a refund policy that’s designed to limit your liability exposure. And while you’re at it, have him review or prepare your other website legal documents (e.g., privacy policy, terms of use, etc.).