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Business Lawyer

This category contains information related to the type of work performed by a business lawyer. This includes contract negotiations, preparation, and revisions. There’s also content about the type of legal advice a client will receive from a business attorney.

It’s important to distinguish between the business lawyer as legal advisor who handles transactional matters and civil litigators who handle lawsuits that may or may to be related to business.

Because this law firm focuses on lawsuit prevention through the right legal advice and documents, this category is weighted towards information about protection and commercial transactions, not litigation strategies and tactics.

 

How To Protect Your Texas Martial Arts Dojo

By Business Contracts, Business Lawyer
texas martial arts dojo owner and students

When you open a Texas martial arts dojo, you want to make sure you’re protected legally.

For example, what if a student breaks a leg while sparring? Or halfway through a membership term, the student wants to walk away and quit paying?

Although there are unique factors you’ll want to discuss with a qualified Texas business lawyer, here are some common things to do to protect yourself as the Texas dojo owner.

1. First, you’ll want to operate using a business entity that has a personal liability shield that protects your personal assets (home, vehicle, bank accounts, etc.) from being taken from you if something goes wrong and there are damages to be paid. In Texas, the most popular entity to use is a limited liability company (LLC). A few dojo owners will use a Subchapter S corporation instead.

2. Then, you’ll want to make sure you have a membership agreement in place that protects your legal rights. For example, if you use a membership contract that violates the Texas Health Spa Act, the agreement is unenforceable. This means every one of your students can walk away without honoring the agreement.

3. Of course, you’ll want to have waivers of liability. Typically, the terms will be different for members versus visitors to your dojo. These waivers reduce your dojo’s risk of being sued or paying out damages if someone gets injured at your facility whether or not they’re training when it happens.

4. And you’ll want a valid media release so that you can record videos and take photos of members and visitors that you can use to promote your dojo in advertising, social media, and even instructional videos.

5. Now if you have people working as personal trainers, front desk staff, etc., you should have written employment contracts or independent contractor agreements in place with each of them. Which type of agreement you will use depends on the nature of the worker’s relationship with your dojo.

In addition to the legal documents, you’ll also want to have liability insurance in place to cover your dojo in case there is a personal injury or other claim. However, understand that this is more protection, not a replacement for the legal documents. Because sometimes an insurance company will deny a claim and you’ll still want the protections provided by the membership agreement, liability waivers, etc.

Need help putting the right legal protections in place for your Texas martial arts dojo? Schedule a phone consultation with Attorney Mike Young because he’s one of the few Texas lawyers who focuses on protecting dojo owners.

Has Your Business Contract Expired?

By Business Contracts, Business Lawyer
business contract

Many business contracts end but the parties who signed them don’t realize it and continue to do business as if the agreement still existed.

This can create legal disputes that lead to expensive lawsuits when one party suddenly decides to walk away and quit performing (e.g., stopping payment). That’s true whether the agreement is between business and consumer (b2c) or two businesses (b2b).

Ideally, you’ll have some sort of tickler system in place that lets you know when each contract’s current term ends and what you need to do prior to the end of that term.

Now it’s true some agreements are set up to renew. That can be for an additional term of the same length. However, how it renews can vary.

For example, a contract can auto-renew unless one of the parties provides XX days prior notice to the other party of an intent not to renew. Or it can be set up that both parties must affirmatively state they want to renew the contract (often on the same terms and conditions with a possible price adjustment).

There are also business contracts (e.g., gym membership contracts) that are commonly set up to convert to a month-to-month agreement upon expiration of the initial term.

When you’re reviewing your agreements to determine what you must do, a good place to start are the “term and termination provisions” plus the “notice” provisions. Note that there may be a separate section for early termination. And you’ll want to know what that requires too.

Now if you need help with your business contracts (not disputes), set up a phone consultation with Business Lawyer Mike Young.N

How To Work Remotely By Buying An Online Business

By Business Contracts, Business Lawyer, Startup Lawyer
buy an online business concept

Do you want to work remotely (e.g., at your home) instead of spending your waking hours stuck in traffic jams and at the office?

Then it must have crossed your mind at some point that starting an ecommerce business could be the solution. And it might be…

Yet you increase your odds of getting what you want if you buy an existing successful online business instead of starting one from scratch.

You’ll trade some of your money for the blood, sweat, tears, and time the startup’s founder already invested to get the company to where it is today.

Why would a founder of a profitable startup sell to you at a fair price? There are many reasons, including boredom, interest in another venture, changed circumstances (e.g., a divorce settlement that must be paid).

Where to start?

Get the course “How To Buy A Successful Online Business” by Attorney Mike Young. Once you find what you’re looking for, set up a phone consultation with him if you want help completing the acquisition process.

Does Your Texas Gym Membership Contract Authorize Text Messaging?

By Business Contracts, Business Lawyer
texas gym membership contract

When you own a Texas gym, you’ll want to comply with applicable state and federal laws. And that includes the Texas Health Spa Act, state biometrics law, and laws covering commercial email so that you don’t illegally spam members.

But what about texting a member’s cell phone?

Many gym owners fail to get the member consent to receive text messages.

So, how do you fix this? There are two options.

1. The easiest way to get consent is to include specific legal language in the gym membership agreement that’s signed by each member. If you have a contract that’s missing this language, it’s easy for an experienced Texas business lawyer to update the contract to include it.

2. You can also get each member to sign a separate text messaging consent agreement. This is more cumbersome than including the consent in the membership contract. Yet it makes sense to use a separate consent form for members who have already signed membership agreements that don’t include the consent.

Need help getting this issue fixed? The first step is to set up a phone consultation with Business Lawyer Mike Young.

Gym Personal Trainer Contracts

By Business Contracts, Business Lawyer
personal trainer

There are different types of gym personal trainer contracts. Make sure you’re using the right one(s) in your business so that you can avoid legal and tax problems.

If you own a gym and have personal trainers, they can either provide services as independent contractors or as employees. The contracts are different depending on which status they have.

And don’t disguise a real employee as an independent contractor. That can come back to haunt you in lawsuits, back taxes, and penalties.

If personal training services are provided on an independent contractor basis, there should be two types of services agreements in place:

(1) the agreement between the gym and the trainer; and

(2) the contract between the trainer and gym member who is being trained.

On the other hand, if the personal trainer is a gym employee, the training services are typically covered in the gym’s membership agreement. If so, there’s no need for a separate services agreement between trainer and member.

Regardless of which personal training contracts are needed, you’ll also want to have liability waivers and media releases signed too.

Whether you’re a gym owner or a personal trainer, if you need help putting the right legal protections in place, it’s time for you to set up a phone consultation with Business Lawyer Mike Young.