I runa company where I train other (cpr first aid etc) Im now bringining in a big client with whom I will have to train over 25 people and sell over 25 pieces of equipment.
1.) What kind of contracts, agreements would i need?
2. Would i need a lawyer for above to write them up?
3 Answers from Attorneys
At a min you need a good master service agreement. You may want to prepare a purchase agreement as well to cover the equipment but this depends on the level of detail concerning that sale.
Just like you are not required to hire a mechanic to work on your transmission, you are not required to hire a lawyer to prepare your own agreements. If that is something you feel comfortable doing because you learned a lot about how to do it over the years have at it. But I think being you are asking the question here it gives you your answer.
Before you commit to anything, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section): http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
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Hi, excellent questions.
1) It's a really smart idea to have a services contract that will detail what you will be offering (training, products, follow up), in what manner, whether there will be (or won't be) supplemental training in the future, payment terms, limited warranty terms, indemnification terms among the ones that stand out. It's a smart idea because such a contract will make it clear to everyone what you will be offering, how you will be paid and maybe most importantly will limit your exposure (risk).
Having limited warranty, limited liability and indemnification clauses in the contract is super important to protect you and your company, especially in the context of providing training services that inherently have a life/death liability attached to them. You need to protect yourself!
2) You should consider having an attorney draft the contract because some of the protections (noted above) require finesse and precise language. If you don't have such precises language court have dismissed limited warranty and liability clauses or have narrowed their applicability and then it's as if you did not have a contract -- so what's the point then...? Therefore having a lawyer draft it is a very good idea. The good news is that it shouldn't be expensive to draft such a contract. And the further good news is that you will be able to re-purpose the contract for future clients. So pay once and use it for a long time.
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You absolutely need a good tax and business attorney! First, you need help negotiating the new contract. Second, you will need help with the employees/contractors. Third, you will probably want a separate entity for this agreement. You really need to talk with a lawyer now before you go further. Good business lawyers will charge you for an initial consultation but it is well worth it,
I hope this helps!
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