A&P A thought - and something I will be including in my contracts

Discussion in 'Lifestyle' started by Ty Webb, Dec 24, 2009.

  1. Ty Webb

    Ty Webb You don't have to go to college. This isn't Russia

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    My dad runs his own business, so I get most if not all of my professional advice from him. To his credit, his company owns the world market for the products he invented, manufactures and distributes. So this tid bit of information seemed pretty valuable to me as he has an invaluable amount of knowledge in business. So I take any advice I can.

    He recommended amending my wedding contracts, or all of my contracts for that matter with my business that bind myself/my work to the customer, to stipulate that they waive all rights to take me to civil/small claims/trial court proceedings and agree to mediation only in the event of X. This way I am protecting myself from any outstanding court costs and losses god forbid the customer feels like I did not meet their standards and wants to go that route.

    Not like I would rip anyone off intentionally. but just some thought for those of you who may be doing this stuff.

    Just thought I would share.
     
  2. FindersKeepers

    FindersKeepers New Member

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    Mine state fully that I can not be sued in any way for missed shots, ruined photos, and so on, SHOULD I have a catastrophic equipment failure or the like.


    I always make sure they read it and ask questions and fully understand, was looked at by a lawyer and he said theres no way its not clear and Im fully protected.


    I make ANYONE I shoot for sign it, no matter how big of a company they are.
     
  3. Girth

    Girth ¯\_(ツ)_/¯ OT Supporter

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    thats a great idea... any thoughts on wording? :dunno:
     
  4. EWhytsell

    EWhytsell New Member

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    +1 probably is a good idea to have in the contracts. I've seen this type of paragraph in lots of things I've signed including the one from the contractor that built my home. I'm sure we'd have to check with our lawyers on specifics that might vary from state to state as its possible some states wouldn't allow arbitration.
     
  5. Ty Webb

    Ty Webb You don't have to go to college. This isn't Russia

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    Take into consideration though - they could take you to court for anything outside of anything that is not specified if they wanted. What I was implying is that they can't take you to court, period. Mediation/arbitration only. In addition to having provisions to not being able to sue for what you may have listed. Might be something to think about.

    I'm going to ask to get a snippet of some of his contractual agreements and other documents so I can pick apart wording and tailor it to my needs. The stuff that was put together by attorneys for obscene amounts of money. :x:
     
  6. Tonster MBA

    Tonster MBA OT'r of the Year 2013 OT Supporter

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    not to troll
    but can you enlighten us on why you think arbitration would be any easier then small claims court?
     
  7. mojito

    mojito New Member

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    not of public record for one
    could be cheaper in theory
     
  8. isaac86hatch

    isaac86hatch This thread sucks

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    This is why I interview clients and not the other way around. Getting fucked over by some bridezilla who's already pissed that you're charging the going rate is ftl.
     
  9. Mutombo

    Mutombo New Member

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    I'm not a contract lawyer and haven't studied contracts since law school, but often clauses like this are found to be invalid. Just a fyi, don't expect it to absolve you of all liability just because there's some boilerplate fine print in all your contracts.
     

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