Legal Question in Business Law in Nebraska

Questions

I am starting an e-business that will provide personal fitness programs and nutrition programs for people trying to lose weight, build muscle, or whatever their need will be. I plan on outsourcing personal trainers/dieticians on a commission basis to meet the needs of the clients. How would I create a contract with someone in a separate state for this purpose? Also, is there a way to say in a “Terms & Conditions” that the information we are providing are our opinions and that the client may use the information at their own discretion?


Asked on 4/21/08, 5:44 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Questions

Those are good questions and there are a number of additional questions you should identify and answer in your business plan before you get started. Creating a contract that is valid when signed by providers in other states isn't going to be your chief concern. Selecting the terms of the contract which are enforceable in all jurisdictions and provide that optimal balance of offering you adequate protection without being so overbearing that no one would sign it is going to be your first hurdle. You need to sit down with a lawyer who has written similar agreements for other business ventures. I think what you are asking with regard to 'terms and conditions' is whether you can sell information and advice but claim that it is just an opinion and that you are not responsible for bad results. The short answer is no. You may set reasonable limitations on your liability, but to claim that what you are selling is really worthless would invalidate the entire agreement as illusory. The same attorney should be able to advise you on acceptable 'terms and conditions'. Also, make sure you have adequate insurance before you get started and be aware that because you are providing a nationwide service with providers in several states, you may have to defend yourself against lawsuits in any state which you operate or solicit clients. Make certain your insurance policy includes a provision to defend you in any jurisdiction that brings a lawsuit against you.

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Answered on 4/21/08, 6:40 pm


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