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I work with a lot of creative business owners and even though my clients span numerous industries, Iâve noticed some common legal issues for coaches, creatives and consultants that leave them vulnerable.
1. Scope Creep
If I had a dollar for every time I've spoken to a creative client about the pain points they face due to scope creep, I'd be a wealthy woman. Scope creep is real, and it can be a significant issue if not managed properly. It occurs when the boundaries of a project expand without proper documentation and consent, leading to extra work that wasn't initially agreed upon, often without additional compensation.
2. Using Templated Legal DocumentsToo often, I see business owners taking shortcuts by using templated legal documents. While templates might seem like a quick and affordable solution, they donât offer the comprehensive protection needed. There is no one-size-fits-all approach to legal documentation and relying on generic templates will leave you exposed. Templates don't consider the unique aspects of how your particular business operates, they donât adequately address payment terms, scope of work, client relationships, or the specifics of your industry.
3. Lack of Solid Processes and SystemsAnother major issue creatives face is the lack of solid business processes and systems. This problem often compounds when paired with poorly tailored legal documents. Without a clear understanding of how to implement these documents correctly, creatives run the risk of non-enforceable contracts and disputes that may not have a clear resolution.
LINKS:
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Our interactions are becoming more digital every day.
For many of us in business, this means transacting in a digital or electronic way with our clients.
A question I'm asked all the time by my clients is whether having their clients sign their agreements electronically is legal.
Today, Iâm diving into this topic and explaining the differences between digital and electronic signatures, when theyâre okay to use and the circumstances in which they normally arenât.
For most service-based businesses, sending out client agreements or cost disclosures and requesting an electronic or digital signature is generally lawful and binding.
However, there are exceptions. Certain documents require a more traditional form of signing. These exceptions often involve contracts dealing with land, commercial leases or agreements necessitating a witness. Although some digital platforms like DocuSign can be used under certain conditions (e.g. a witness present via Zoom), this depends on the specific document and the legislation in place.
While there's a steady shift towards accepting digital and electronic signatures for basic contracts and memorandums of understanding, some traditional requirements persist as the law catches up with our changing world.
The bottom line is that for most straightforward service agreements and terms and conditions, digital and electronic signatures are lawful and practical. But, best practice is: if youâre unsure, ask!
LINKS:Resources mentioned: 'Briefing Notes' Email Signup
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/save-time-sign-online-is-it-legal-to-sign-digitally
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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DIY is for Bunnings, not legals.
I say this for good reason: the amount of business owners using templates in order to save money is more than a little eye-watering.
I understand that with all the costs involved in running a business, thereâs a certain allure to the convenience and cost-effectiveness of legal templates.
But trust me, after over 12 years as a litigator, I've seen just how badly things can go. You name it, Iâve seen it - and I donât want this to happen to you.
So to help you avoid getting caught up in any legal disputes, I want to take you through four crucial things that templated legals often miss - as well as the potential fallout if these gaps are left unaddressed.
1. Personalisation and Professionalism
Templates tend to miss one key factor time and time again: personalisation and professionalism. When crafted correctly, your legal documents can be one of the most powerful tools your business has. They protect your business, exceed client expectations and foster positive word of mouth.
Generic templates loaded with legalese about "aforementioned clauses" won't cut it. Ask yourself: how proud are you to send out your current legal documents? Do they reflect your brand accurately?
2. Industry-Specific Tailoring
Another significant shortcoming of templated legals is the lack of industry-specific tailoring. Stock templates you find online are likely to be generic, containing only basic terms around the parties, the agreement, and payment schedules. Your business is unique, and your legal documents need to be explicitly tailored to reflect that.
This covers things like what constitutes a variation and how additional costs will be handled. Without these tailored provisions, you risk misunderstandings, delayed payments and misaligned expectations.
3. Warranty Clauses and Liability Protection
The third overlooked area in templated legals is the inclusion of adequate warranty clauses and liability protections. The warranties you offer and the extent of your liability should be specifically outlined based on the services you provide. Generic warranties and liability limitations from templates just wonât cut it. If your legals are not properly tailored to your industry and specific service offerings, you leave yourself open to potential legal issues.
4. Enforceability
Last but by no means least, enforceability is a critical aspect that templated legals frequently lack. It's all well and good to have legal documents, but if theyâre unenforceable, theyâre as good as useless. Key provisions might be missing, or the sequencing might be incorrect, making it difficult to rely on these documents in disputes.
In the end, hoping for the best or sticking your head in the sand isn't a viable strategy when it comes to legal protection. Solid foundational documents are crucial to any business: you're not going to ask your builder to skimp on the foundation of your house to save a few dollars, so why do the same with your legals?
LINKS:
Resources mentioned: 'Briefing Notes' Email Signup
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/4-things-your-templated-legals-could-be-missingDiscover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Think back to when you started your business. I bet you were full of excitement, and nervousness.
So maybe, like a lot of people, you looked around at successful businesses and decided to follow their lead. It makes sense, I mean if itâs working for them, it should work for you too, right? Wrong.
When you look at another business, youâre only seeing the surface.Even if things look good from the outside, you can't be sure their methods are strategically or legally sound, and copying them could set you up for trouble.
One common mistake I see is in the sequencing of contractual documents and invoices. For example, tools like Dubsado make it easy to send a proposal that, once accepted, automatically generates an invoice, and then the client receives the contract.
While it might seem convenient, itâs not compliant with Australian Consumer Law, and doing so can invalidate your agreements. As a service provider, you must provide your terms and conditions or agreement before your client decides to engage you. If you later need to rely on those terms, they wonât be enforceable because the client didnât agree to them upfront. This small sequencing error can have big consequences.
Each business is unique, and what works for one might not work for another. I work closely with my clients to ensure that their onboarding processes, documentation, and service delivery sequence are customised to suit how their unique business operates. Not only does this keep you compliant with the law, but it also reduces misunderstandings with clients.
Another mistake I see comes from businesses selling services onlineâthink courses, memberships, or subscriptions. The business owner gets so excited to launch that they send out the sign-up link before having the necessary terms and conditions in place. They often think they can apply these terms retrospectively, but thatâs far from the truth.
Participants must have the opportunity to read and agree to these terms before paying for the service. If you miss this step and need to play catch up, youâll have to offer refunds to those who disagree with the terms subsequently introduced. So, make sure your terms and conditions are properly in place before any sales or sign-ups occur.
The message here is simple: copying their practices without professional insight can leave you exposed to legal risks and undermine your professional credibility. Take the time to invest in professional advice to ensure your business is not just legally compliant but set on a path for sustainable success.
LINKS:
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/just-because-others-do-it-doesnt-mean-its-rightDiscover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Adrenal fatigue, poor health, burnout - three struggles that many female business owners, including myself, are all too familiar with.
If youâre a woman in business, itâs likely youâll have experienced one - or all - of these symptoms of hustle culture. The question is, why do we accept the pressure of working ourselves into the ground as the norm?
Itâs been a long time coming, but I was finally able to sit down with Kate Addamo, a dear friend and exceptionally talented business mentor, for a chat on the podcast.
Simply put, Kate is a woman looking out for other women. Her dedication to helping women flourish is underpinned by a focus on health and wellbeing, driven by her own experience with both physical and mental health struggles.
Kate shares with us her refreshingly holistic approach to business growth, as well as insights on how to move from barely hanging on to thriving as our authentic, unique selves.
One-on-One Transformation
We hear about her dedication to one-on-one mentoring in an era where group coaching and masterminds are all the rage. Chosing to focus on individual transformation, Kate believes that magic happens in personalised interactions, a commitment sheâs seen yield remarkable results time and again.
Meeting Women Where They Are: The Flourish Package
Kateâs work is incredibly multifaceted, and nowhere is this more evident than in her âFlourishâ package, a bespoke journey tailored to each womanâs unique situation and aspirations.
Whether they're navigating motherhood, moving or any other major life transition, Kate works to build up the individual behind the business, aiming to ground her clients in their own version of success rather than someone elseâs.
Challenging the Hustle Narrative
We all know how pervasive hustle culture is on social media. Itâs all too common to feel pressured into scaling up businesses to achieve massive turnovers. But Kate offers a different perspectiveâone that values slowing down, reassessing and focusing on what truly matters. She encourages women to define their own success, even if it means downsizing or restructuring their business models.
A Holistic Approach to Business and Life
From dealing with severe adrenal fatigue to making significant lifestyle changes, Kate understands the importance of balance and strives to help other women achieve it in their own lives. We talk about the detrimental effect of operating solely in our masculine energy, and how learning to be nurtured is crucial if we want to create longevity in our businesses.
By reassessing what success means to you and taking your unique path to get there, sustainable success in business can be yours - and all without the burnout!
LINKS:
Connect with Kate:
Website: https://kateaddamo.com/
Instagram: @lifeandbusinessinflow
Podcast:Life & Business In Flow
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/what-it-really-means-to-flourish-in-business-with-kate-addamo
Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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When it comes to topics I talk about regularly, I often assume that everyone has already heard me say it. There are insights and ideas I speak on often not just with my clients, but also on the podcast.
However, the truth is, when weâre sharing content, not everyone catches every piece.
So today, Iâm thrilled to share five key things you should know about me before we work together.
Whether you're a new client curious about my process or someone who's followed me for a while but wants to understand more deeply, this is for you. I address some of the most frequent questions I get from clients and clarify my working style and values:
1. I Get Involved
First things first, I want you to know that when we work together, I get involved. My approach is collaborative; I'm not the lawyer for you if you're looking for someone to simply draft documents without any input from you. To create truly effective legal documents, I need to understand the intricacies of your business. Weâll have conversations, and Iâll ask you lots of questions to make sure your documents are tailor-made for your specific needs.
2. I Donât Haggle on Fees
The second key point is that I don't haggle on fees. My pricing is based on the value I provide and is structured in a way thatâs transparent and predictable. Youâll always know upfront what you're paying for; there are no surprise invoices. I believe in a value-based fee structure because it aligns with the integrity and quality of service I aim to offer. I don't think small business owners should undervalue their services, and I follow the same principle.
3. No Templates
Thirdly, I will not sell you a template. I strongly believe that DIY templates don't belong in legal matters. Each business is unique, and cookie-cutter solutions won't provide the protection or functionality you need. Instead, I'll work with you to create documents that are customised for your business. This ensures they're robust and tailored specifically to what you need.
4. I Treat Your Legals Like My Own
Next on the list, I will treat your legal documents as if they were my own. This means I take the time and effort to ensure they are absolutely perfect. I donât believe in a âone size fits allâ approach. Iâll get to know you and your business deeply to create stellar documents that serve you well.
5. I Build Long-Term Client Relationships
Finally, I rarely work with clients as a one-off engagement. I genuinely love what I do and care deeply about the businesses I work with. This often results in long-term relationships where clients feel comfortable calling me for advice as their businesses evolve. My goal is to be a trusted advisor who enriches your business journey and helps you avoid potential pitfalls.
I hope this episode is helpful if youâre thinking of reaching out to or working with me, and that you now have a better understanding of who it is that I am. I encourage you to come visit me over at Instagram if you have any questions about what we spoke about today.
Happy listening!
LINKS:
Episode Website: here
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Today on the podcast, Iâm thrilled to welcome Sofia Bernardi, a mindset and business coach known for her refreshing honesty and dedication to helping her clients. In our conversation, Sofia shares invaluable insights into her journey, the importance of mindset in business and the frequent pitfalls coaches encounter when focusing on scaling their businesses.
Voted as one of the top 30 coaches to look out for in 2021 by the New York City Journal, as well as building a million dollar business by the age of 26, Sofia strives to help women build confidence and create sustainable businesses. She does so with a methodology underscored by simplicity, authenticity and scalability.
Mindset is Key
Sofia believes that 80% of our success lies in our psychology - also known as mindset. She shares her own journey of starting her business at 22, where she felt inadequate to call herself a business coach. What gave her the ability to overcome her self-doubt were the tools sheâd gained through personal development. She encourages us that even without having achieved huge milestones in our careers, adopting a mindset of self-belief and clarity can hugely support us to grow.
Common Mistakes Coaches Make
Having learnt a lesson or two in what not to do in business, Sofia shares the mistakes she personally made when starting out, and ones she sees many other business owners struggle with. She highlights the dangers of dabbling in too many strategies and the myth of instant gratification and instead believes in the importance of consistency and focusing on what feels right for the individual. Sofia's advice: simplify your approach, choose one or two strategies that feel right and natural to you and commit to them with consistency.
Avoiding Burnout and Maintaining Balance
Burnout is a critical issue for many, especially women who juggle multiple roles. Sofia shares her framework for avoiding burnout, which includes staying organised, delegating tasks and creating a business that aligns with your ideal life. She emphasises the significance of putting personal priorities first and letting the business fill in around those priorities. By focusing on alignment and balance, Sofia believes entrepreneurs can achieve long-term success without sacrificing their well-being
Sofia is a beautiful soul and extremely generous in sharing the insights she has gathered through her experiences. She makes things really simple for us as business owners, and I know youâll be as inspired as I am to embrace your uniqueness and do whatâs right for you in your business.
Listen in and get ready to learn all about building a simple, scalable business that supports a life you love.
LINKS:
Connect with Sofia:
Website: https://sofiarosebernardi.com/
Instagram: @sofiarosebernardi
Podcast: Rising Coaches with Sofia Bernardi
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/the-biggest-mistakes-coaches-make-with-sofia-bernardi
Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Competition in business isn't necessarily a negative thing. In fact, it's a crucial aspect of the marketplace. Clients and consumers deserve choices, and honest and good faith competition is something I genuinely believe in.
Knowing who your competitors are and staying informed about industry trends is wise. Itâs just good business - and being aware of what others are doing can even open the door for potential collaboration. However, thereâs a big difference between taking inspiration from other businesses and flat out copying. That is certainly not okay.Dealing with Dishonest Competition
Unfortunately, not all competition is fair. There are instances when competitors might copy your work, mimicking your efforts to advance their own business. While imitation is often said to be a form of flattery, I completely disagree. Copying someone's hard work and presenting it as your own is just wrong, and today's digital age makes it easier for such unethical behaviour to occur.
If a competitor is copying you, it's crucial to stay focused on your own business. Donât allow this to consume you or derail you from your own business goals because getting distracted will incur a bigger cost on the business than the copying itself.Be Confident and Anchored to Your Why
Always remember your business's mission, vision, and unique selling points. Stay focused on your values and continue serving your clients to the best of your ability. The truth of the matter is that anyone who copies your work is only demonstrating that they have no originality and they will not stand the test of time. Stay in your lane and keep focussed on your why.
Stay InformedKeeping your finger on the pulse with industry trends and knowing what your competitors are up to is good business practice. This way, you can discern whether a situation is genuinely harmful to your business or whether itâs something that you can shake off.
Stay Focused
Donât be consumed by what your competitors are doing. By keeping your focus on your business, youâll ensure that you're not distracted from the important activities that generate revenue and really push the needle forward.
Understand and Protect Your Intellectual PropertyMake sure you understand your intellectual property including trademarks and copyrights. Protecting your unique ideas and original work can deter competitors from copying you outright and resolve issues swiftly if or when your copyrights are infringed.
Don't Go It Alone
Having a reliable support system is invaluable in business. This could include your business lawyer or a team of advisors who understand your business's intricacies. When issues arise, discussing them with trusted individuals can help you develop a strategic response and give you peace of mind for how to move forward.
Competition is inevitable in business, and it should be embraced when itâs fair and ethical. However, understanding how to deal with less honourable competitors is equally essential. By staying confident, informed, focused, and legally protected, you can navigate the challenges that arise without letting them derail your business success.LINKS:
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Coaching can be an immensely valuable service for a business owner. Over the years, I've had some fantastic experiences with coaches who made a significant impact on my business journey. However, as the coach, it's crucial to make sure that you are running your business with an unwavering commitment to risk mitigation.
If youâre a long-time listener, you would have heard me talk about why a risk mitigation strategy is critical for small businesses. In todayâs episode, Iâm focussing specifically on how to protect your coaching business, focusing specifically on your legal documents, often referred to as your coaching agreement.The Importance of Tailored Agreements
A coaching agreement is a vital document that outlines the terms of your service engagement with clients. It should be specific to you and drafted with your unique business in mind. This contract should include:Your services: What you do and how you do it.
Exclusions: What you don't do.
Payment terms: How you get paid.
Termination clauses: Your policies on ending the contract.
Disclaimers and Liability Clauses
The most critical parts of a coaching agreement are the disclaimer and liability clauses. These are the sections that will truly protect your business.
Disclaimer Clauses: These clarify explicitly what you are not promising to do, which guarantees you are not making, and what you are not responsible for. This clear communication gives your client absolute clarity about what you are not offering, which helps to prevent misunderstandings and misaligned expectations.
Liability Clauses: These outline what you, as the coach, will not be responsible for. They limit your liability and define very clearly what you undertake to do. Knowing where you're liable and how to limit that liability is crucial.Why Templates Wonât Suffice
If youâre tempted to use a template or copy someone elseâs agreement, think again. Templates do not take into consideration the nuances of your specific business and, in most cases, wonât cover you against risk. You wonât know whether these documents work as intended until you need to rely on them, and by then, it might be too late.
Ask yourself these questions:
Do you have a tailored coaching agreement aligned with your business operations?
Are your disclaimer clauses and liability provisions adequate and correctly worded?
If the answer is no to any of these questions, it's time to consult with a business lawyer or reach out to me for a discussion. Ensuring you have the proper documentation in place will provide the confidence and peace of mind you need to serve your clients effectively.LINKS:
Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Since launching my business Iâve seen business growth play out in many different ways. Sometimes itâs fantastic, with businesses taking off and flourishing. However, sometimes it doesnât end so well. Some businesses have folded, others have suffered considerable lossesâboth financially and in terms of infrastructure.
So, why does this happen? When growth occurs too quickly it becomes unsustainable and overwhelms the business. Today I want to share my five tips for navigating fast business growth and overcoming the common hurdles.
1. Ensure You Have the Right Business Infrastructure
Rapid growth can strain a business's infrastructure if it's not set up properly. Take the time to think about all the components of your business that keep things running smoothly - your people, skills, services, digital marketing, bookkeeping, financial management, and advisory team. There's no shortcut here! You need to take the time to think about all the cogs in your business machine. It can be the difference between sustainable growth and disaster.2. Master Your Financial Management
With growth comes increased revenue, but with increased revenue comes increased expenses, pressures, and liabilities. The best way to guard yourself is to connect with a bookkeeper and/or accountant who can help manage your finances. Even if you can manage your finances yourself, that doesnât mean you should. Delegating these tasks lets you focus on your zone of genius.
3. Solidify Your Processes and Systems
Growth will test your business operations and without strong systems in place, cracks will start to show. Think about your client engagement, onboarding, service delivery, invoicing, revenue tracking, and expense management. These areas can make or break a business in times of rapid growth.If youâre not sure whether your systems and processes can handle increased volume, now is the time to reassess and strengthen them. Consult your accountant and business lawyer to help you identify weaknesses and make the necessary adjustments.
4. Focus on Team Acquisition and Retention
Rapid growth brings pressure and challenges that can overwhelm a business. For long-term sustainability you need a team you can rely on. Evaluate your current team, both employees and contractors, to ensure you have the necessary skills covered. Do you have the right people in the right places? Are you leveraging their strengths effectively? By addressing these questions now, you can avoid issues down the line.5. Keep Up with Contracts and Agreements
During periods of rapid growth, it's easy to let contracts and agreements slide as you focus on immediate demands. It might seem like a necessary risk at the time, but it can cause major complications for your business. Take the time to prepare your documents now, so you're guarded against misunderstandings and misaligned expectations later on.
Fast business growth can be exhilarating if youâre prepared but devastating if you're not. By focusing on these five areas, you can set your business up for sustainable growth and long-term success!
LINKS:Episode Website:
https://tmsolicitor.com.au/rise-up-in-business-podcast/my-top-5-tips-for-navigating-fast-business-growth
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Every now and then on the podcast, we reach out to our community to ask what you would like to hear from us. In today's episode, I address a question from one of our long-time listeners: What are my favourite legal documents to design?
Today Iâm diving into one of the aspects of my work that truly sets my soul on fireâdrafting client service agreements for small business owners. So join me as I take you through the intricacies of legal agreements and why the client service agreement holds a special place in my heart.
The Joy of Designing Client Service Agreements
You can call it anything you like - a design agreement, styling agreement, client service T's and C's - but client service agreement lays out the terms that a business issues when they're working with their client. Essentially, it's the agreement that a business enters into with its clients, setting the stage for a smooth, professional relationship. I relish the opportunity to dive deeply into a business when crafting these agreements. It's not just about the legal text; it's about creating a document that aligns perfectly with the unique workings of each business. This detailed approach allows us to address pain points and set client expectations - and I just love collaborating with my clients to ensure their business is protected.
The Process and Impact
As Iâve mentioned many times before, my process is very client-centric. I take the time to ask my clients essential questions about their operationsâeverything from project timelines to payment terms. This helps me ensure that the client service agreement covers all bases and shields the business from potential issues.The real and lasting impact happens when a business owner feels secure, knowing theyâre protected legally and they can focus on their core activities.
Implementation and Lasting Success
One of the most important aspects of this process is the implementation of these agreements. It's not enough just to have the document; the business needs to know how to use it effectively. This includes understanding how to incorporate it into their processes and systems. I even go as far as reviewing the communication that will accompany the agreement to clients, ensuring every aspect is finely tuned. The goal is for the client to feel confident and self-sufficient in using these documents, and the privilege of enriching lives through these crafted agreements is central to why I do what I do.
Now that Iâve talked you through what brings me the most joy in my business, Iâd love to hear from you about what your favourite part of your business is. And if youâre not quite sure, this might be your little nudge to give it some thought and to lean into doing more of what you love.
LINKS:
Previous episode mentioned: Legals By DesignÂź - I am thrilled to share this with you
Episode Website:https://tmsolicitor.com.au/these-are-my-favourite-legals-to-design
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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I've noticed that I have the same recurring conversations and answer similar questions from my creative clients. So today Iâm revealing the answers in one spot so you too can know the legal secrets that every creative entrepreneur must know.
The Power of Tailored Client Service Agreements
Your client service agreements, when customised for your unique business, can be the most powerful tool in your arsenal. Donât use templates, copy someone else or cobble something together from Google searches. Instead, invest the time and resources to have these documents tailored specifically for your business. Engage a business lawyer who understands your industry and the unique risks you face. This will ensure that nothing is overlooked and you are properly protected.
Your Processes and Systems are Important
Having tailored legal documents is only part of the equation. Your processes and systems are equally vital to ensure that these documents are implemented and executed correctly. This includes how you issue your client service agreements, proposals, and quotes. It also involves the sequencing of these documents and the proper wording in your correspondence with clients.
By developing robust internal processes and systems, you not only set yourself up for success but also manage client expectations and compliance with consumer law. If you get the process wrong, you might not be able to rely on your agreements at all.
Your Intellectual Property is Your Gold - Protect It
As a creative, your intellectual property (IP) is one of your most valuable assets. This is why it's imperative to protect your IP through your client service agreements. Clearly define who owns the IP in your creations, the scope of any licenses granted, and the terms of those licenses.
Consider the importance of trademarks if exclusivity over certain aspects of your business is crucial. However, understand that trademarks can be complex and not everything is trademarkable.
Build from Solid Foundations
Many business owners overlook the importance of a solid business structure. Although not the most exciting side of business, having the right legal business structure is foundational to your success. This involves understanding your options, from operating as a sole trader to incorporating as a PTY LTD company.
As your business evolves, make sure you reassess and adjust your structure as needed, consulting with your lawyer and accountant to ensure your structure aligns with your current needs and goals. The right structure provides confidence, flexibility, and clarity, allowing you to focus on building your business and sharing your genius with the world.
Know Your Risk Mitigation Strategy
Reducing risk in your business is crucial, and there are three main components to focus on: your business structure, insurance, and legal documents. Of these, insurance is often the most misunderstood. Many creatives ask if they really need insurance, and the answer is a resounding yes.
However, not all insurance policies are created equal. Whatever you do, donât buy insurance online - you wonât understand what's covered and what's excluded. Instead, work with an insurance broker who can guide you in selecting the right insurance for your unique business needs.
LINKS:
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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In today's episode, we're exploring one of the most complex and controversial issues in employment law: restraint of trade clauses in employment contracts. I'm diving into this because in the small business circles in which I operate, there's a lot of discussion around whether or not restraint clauses are valid and whether we can have them.
It has also become more topical in the broader community due to a recent decision in the United States, where the Federal Trade Commission made a ruling banning the use of restraint of trade clauses in contracts altogether. The question weâre now asking ourselves now is: will Australia follow suit?
Restraint Clauses: What Are They and Are They Enforceable?
Restraint of trade clauses are designed to prevent former employees from competing with their ex-employer in ways that could harm the business. These clauses come in two main types: non-compete and non-solicit. A non-compete clause restricts an employee from working in a similar business, while a non-solicit clause prevents them from contacting the former employer's clients. The million-dollar question here is whether these clauses are enforceable. The simple answer? Only if they are reasonable. Iâll take you through the nuances of what our legal system deems a restraint clause enforceable or not.
Tailoring Clauses to Your Business Needs
One of the most common mistakes I see is the use of broad, generic restraint clauses that cover large geographical areas and long periods. These are often unenforceable from the get-go. Business owners need to draft these clauses to fit their specific needs. Weâll discuss how to make sure your restraint clauses are not so broad that they prevent an employee from earning a living, as the courts heavily scrutinise such clauses.
Practical Steps to Protect Your Business
Rather than relying solely on restraint clauses, I recommend bolstering other areas of your employment contracts to safeguard your business. By being proactive and understanding what is reasonable for your specific business, you can better protect your interests and avoid the high costs and stress associated with any legal battles that may arise.
If you're a small business owner or planning to hire employees, this episode is a must-listen to ensure you're setting yourself up for success while staying on the right side of the law.
LINKS:
Episode Website:
https://tmsolicitor.com.au/rise-up-in-business-podcast/restraint-of-trade-clauses-in-employment-contracts-can-you-have-them
Discover the Masterclass Series here
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This week's podcast episode is one Iâve been planning to record for a while, and it's finally time to share it with you. I've been working for some time on how to articulate in a really succinct and clear way how it is I do what I do when working with my clients, and how it is I create legal documents that work for small business owners.
Now, if youâve been listening to this podcast for a while, you know I donât often talk about myself. Today, however, I want to share with you my unique approach to working with my clients, the vision for my business and the âwhyâ behind it all.
Introducing Legals by Design
Legals by Design is my signature approach, developed over my more than 20-year career in the legal field. While it has evolved over the last five years since launching my business, I have spent the past 12 months refining and articulating it for you. This approach is a blend of my extensive knowledge and expertise, combined with the insights and practical implementations I deliver when collaborating with my clients. It's unique to me and captures the essence of what I deliver when developing legal documents that work.
The Four Elements of Legals by Design
In this episode, Iâll take you through the fundamentals of my signature framework so you have a clear understanding of who I am and what I do:
1. Client-Centric Approach: My focus is empathetic and centred around you, the client. Recognising that every business has different needs and challenges, I meet you where you're at with fluidity and flexibility. I offer fixed-fee value-based pricing to ensure you only pay for what your business truly needs.
2. Better Communication: With feedback from clients, I've honed an accessible and down-to-earth communication style. I specialise in making complex legal issues simple and understandable, empowering business owners with clarity and confidence.
3. Richer Outcomes: My tailored legal documents are designed to be relevant, current and compliant with your business's legal obligations. They ensure confidence and pride whenever you issue them, whether to a client, a team member or any business partner.
4. Comprehensive Implementation: Bringing all elements together, I spend time ensuring that the legal documents truly work for your business. From setup to practical application, I guide you through every step, sharing my extensive experience to avoid potential pitfalls.
While these elements may sound simple, theyâre not always a reality in traditional legal practice. I believe this framework sets me apart from the rest, and is also what sets my soul on fire.
I hope this episode helps to explain the nuances to my approach and what underlies my thinking behind developing legal documents that truly work for business owners.
Happy listening!
LINKS:
Episode Website:
https://tmsolicitor.com.au/rise-up-in-business-podcast/legals-by-design-i-am-thrilled-to-share-this-with-you
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
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Intellectual property (IP) is a term you often hear in the world of creative businesses. I've observed that many business owners have a general understanding of IP but they donât necessarily comprehend how to protect it effectively. Thatâs what Iâm going to shed light on today so that you can understand what intellectual property means for your creative business and what you need to do to protect it.
What is Intellectual Property?
Simply put, intellectual property refers to your original creationsâwhether itâs drawings, photographs, your name, or your tagline. For these to be considered your intellectual property, they need to be both original and created by you. Intellectual property fits into four primary categories: Trademarks, Copyright, Patents and Designs.
Trademarks
The term "trademarks" is often misunderstood. Trademarking involves registering a trademark with IP Australia for exclusive use over a name or phrase crucial to your business but it can't be something you just fancy. It has to be capable of being trademarked. For example, if your business name, logo, or tagline is unique and vital to your branding, it might be worth considering trademarking it.
Beyond trademark registration, there are other steps you can take to protect your IP:
Register a Business Name: If a name or phrase is essential to your brand, register it as a business name to prevent others from legally using it.Register the URL: Secure the relevant domain names associated with your business to ensure no one else can use it.Document Usage Rights: If you allow third parties to use your intellectual property, make sure the terms in which they are entitled to use it are outlined in your service agreement. Crystal clear clarity is vital here so you can protect whatâs rightfully yours.Copyright
Copyright differs from trademarks because you donât need to apply to register it in Australia. The Copyright Act automatically protects your original works. Whether you create drawings, photos, logos, or designs, the copyright belongs to you as long as it's your original work.
However, if you want to safeguard your creative work, you need to assert your ownership of your copyright.
Client Agreements: Clearly state in your agreements that you retain copyright over your work and specify the usage rights granted to clients.Copyright Notices: Place copyright notices on your original works and client deliverables to indicate ownership.Cease and Desist: If someone infringes on your copyright, a cease and desist letter can be a powerful tool in protecting your rights.The Rise of AI and IP Protection
Many creatives are curious about using AI in their work. While AI can streamline processes, using it to create work raises questions about originality. Remember, your copyright protects original work. If AI generates part of your creation, it may not be considered entirely original. Always consider this when integrating AI into your creative process as it could impact your legal standing.
Protecting your intellectual property is vital for the growth and sustainability of your business. I hope this episode is helpful to you and that you feel better equipped to protect your original creative work and avoid unnecessary disputes down the track.
LINKS:Chat GPT and Copyright
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Unfair contract terms is a phrase you may have heard, but understanding this concept as a small business owner is more pressing now than ever before.
In the past, small businesses were exempt from certain regulations regarding contract fairness. However, as of November last year, this is no longer the case. New legislation has made it critical for small businesses to ensure their contracts do not include unfair terms and the risks for non-compliance are very real, including penalties from $50,000 to $2.5 million, or even more.
The Changing Landscape of Contract Regulations
Starting in November last year, small businesses lost their exemptions from certain contract-related regulations. New legislation called the Treasury Laws Amendment (More Competition, Better Prices) Act 2022, falling under the broader Competition and Consumer Act, has come into play. This has placed a spotlight on unfair contract terms, mainly due to increased penalties and heightened consumer awareness.
What Makes a Contract Term Unfair?
In simple terms, an unfair contract term is one that significantly disadvantages the consumer while disproportionately benefiting the business without reasonable necessity. A common example is termination clauses in service contracts.
Impacts on Different Types of Services
This type of law isnât black and white, which is why compliance needs to be assessed on a case by case basis. In the example of a contract termination, we need to look at the business, the terms that were agreed, the nature of the services being provided and what the business can reasonably do to mitigate their loss. The context differs across various service offerings.
One-on-one Coaching Agreements
Coaches with one-on-one services often have clauses such as âYou cannot terminate early, and if you do, you must pay the full fee.â Such terms are often challenged because they unfairly demand payment for services not yet provided.
Masterminds and Group Coaching
For structured group programs where all participants start and finish together, it is more reasonable to have strict termination clauses. This is because the integrity of the group relies on full participation, and filling a spot halfway through the program is impractical.
Interior Designers
For project-based services like interior design, a middle ground is needed. Design agreements should allow for termination, but with reasonable notice and payment for work already completed. Terms like this are more likely to be viewed as fair.
What Happens If Your Contracts Are Challenged?
If a court or tribunal finds that your contract includes unfair terms, it used to be that only the unfair clause would be voided. Now, an entire contract can be invalidated, leaving your business with zero protection. Penalties for such infringements range from $50,000 to $2.5 million, making it absolutely vital, now more than ever, that all your contract terms are fair and compliant.
As a small business owner, making sure your contracts are fair and legally compliant is crucial, not only for avoiding legal issues but also for creating a sustainable business. If youâre unsure whether your contract terms are fair, now is the time to act. Feel free to reach out to me for a chat, Iâd love to hear from you.LINKS:
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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As an interior designer, you translate a client's dream space into reality. You meticulously curate elements, organise renovations, and breathe life into functional and beautiful environments.
But amidst the mood boards and material selections, a crucial element often gets sidelined: the legal foundation that safeguards your creative vision and protects your design business.
Today weâre going through six key strategies specifically designed to help interior designers like you safeguard your businesses and intellectual property, ensuring your creative journey is paved with success and peace of mind.
1. Tailored Client Agreements
By investing in well-crafted client agreements, you lay the groundwork for a smooth and collaborative working relationship with your clients, while simultaneously safeguarding your design vision and mitigating potential disputes.
2. Building Out Your Processes and Systems
Having robust legal documentation in place is a critical first step. But what truly elevates your business operations is a foundation built on strong processes and systems. These act as the invisible backbone, ensuring that every project flows seamlessly from initial contact to successful completion.
3. Trademarking Considerations
For many interior designers, their brand is more than just a logo; it's the embodiment of their design philosophy and aesthetic. Trademarking your business name, logo, and any distinctive taglines is a strategic step towards safeguarding these unique elements.
Trademarking helps you maintain control over your brand narrative. It discourages potential copycats who might attempt to mimic your design style or mislead clients.
4. The Importance of Insurance
The world of interior design, while undeniably creative, is not without its inherent risks. Unexpected events, property damage, or even professional negligence claims can have a devastating impact on your business. This is where comprehensive insurance comes into play, acting as a safety net to protect you from unforeseen circumstances.
5. Copyright Protection: Owning Your Creative Work
The heart and soul of your design practice lies within your creative output â the crafted plans, sketches, and 3D renderings that bring your client's vision to life. Fortunately, these original works are automatically protected by copyright law. However, there are additional steps you can take to bolster your copyright ownership.
6. Choosing the Right Foundation: Business Structure Considerations
The legal structure you choose for your design business has a significant impact on your personal liability exposure. While sole proprietorships offer a simple setup, they also come with the disadvantage of not separating your personal assets from your business assets. This means that if a client sues your business, your personal belongings could be at risk.
Incorporating your business offers a layer of protection by establishing a separate legal entity. This means that the company's assets and liabilities are distinct from your own.
By implementing these six key legal strategies, you can safeguard your creative vision, protect your business from unforeseen risks, and establish a solid foundation for a thriving design practice.
Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
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One topic that has been coming up a lot lately with my interior design clients in particular is commission payments and referral fees. If you are considering a referral arrangement or perhaps you already have an affiliate relationship in place, there are certain considerations you need to keep in mind.
Commission Payments vs. Referral FeesCommission payments and referral fees are often used interchangeably, but they hold distinct meanings and implications. Commission payments are typically tied to a specific sale or transaction, involving a percentage based on the revenue generated. On the other hand, referral fees are compensation for leads provided, not directly linked to sales revenue. Understanding these differences is crucial for setting clear expectations and agreements in creative business relationships.
A Two-Pronged Analysis:If youâre contemplating entering into a commission or referral payment arrangement, you need to analyse whatâs best from a legal perspective and a business perspective. While it may be lawful to engage in these types of agreements, it's essential to assess whether they align with the goals and ethos of your business. Some of my clients enter into affiliate and referral agreements and others are a hard no. There is no right or wrong, but you do need to understand your legal obligations and assess whether this is the right move for your specific business.
Full Transparency:Some industries have legislation that dictates business owners must disclose commission and referral relationships in their documentation to clients. For creatives, there is no such legislation, however, my guidance is that itâs always best practice to disclose any commission, referral payment or affiliate agreement.
Under the competition and consumer legislation, consumers are protected from business owners engaging in anti-competitive conduct or deceptive conduct. What you donât want is for there to ever be a suggestion that your recommendations to clients were misleading or made in bad faith. Full transparency will not only build trust with your clients but help you avoid unnecessary legal disputes.
Documentation Requirements:In my experience, misaligned communications and expectations can cause business relationships to sour very quickly, but that can be avoided by having the right documentation in place. Properly tailored client service agreements can serve as a platform for transparent communication regarding payment structures and relationships with referral partners. Additionally, having written agreements in place for affiliate or referral arrangements helps clarify roles, expectations, payment terms, and intellectual property protection. Never rely on a handshake agreement. Get everything documented and clearly outlined so thereâs no cause for dispute.
The decision to accept commission payments and referral fees in a creative business is not a one-size-fits-all scenario. It requires a thoughtful analysis of your business landscape, alignment with your core values, and an understanding of what is legal in your specific industry.LINKS:
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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As someone who has been practising law for quite some time, you can imagine Iâve gotten a lot of questions over the years like: âwhat's it like to be a lawyer? Is it like Suits, LA Law, The Good Wife?â
Sadly, itâs not quite that sexy or entertaining - and really not that dramatic. That's not to say that we can't take inspiration and little nuggets of gold along the way from some of these shows.
Today, Iâm talking about how business owners can find inspiration and fresh ideas from many sources - and sometimes totally unexpected ones! Now, you may never have expected to hear this one from me, but one surprising source of inspiration for business I've found is the movie Legally Blonde, starring Reese Witherspoon.
So, join me in this fun episode, where weâll explore five key takeaways from the movie that will support you to grow as an entrepreneur and effectively navigate challenges that come your way.
1. Clarity and Determination
One of the most important qualities displayed by Reese Witherspoon's character, Elle Woods, is her unwavering clarity and determination. Despite facing numerous challenges and setbacks, Elle remains focused on her goals and never loses sight of what she wants to achieve. I talk about being anchored to our why, where maintaining a clear sense of purpose is crucial to the longevity of our business.
2. Adaptability
If the last few years have taught us anything on the business journey, it is that we need to be adaptable and embrace some flexibility. In the movie, Reese Witherspoon's character certainly is adaptable in the face of all of her challenges, shifts and pivots. Weâll talk about this characteristic and how it serves a business owner so well in dealing with those unrelenting challenges in an aligned way.
3. Understanding Your Ideal Client
As business owners, we need to be clear on who our ideal client is. Who are we talking to? Who do we want to attract? In Legally Blonde, Elle demonstrates a deep understanding of her audience, with empathy and the ability to appeal to their desires. We would do well to follow suit, because truly understanding our clients leads to better communication, stronger relationships and ultimately, business growth.
4. The Power of a Support Network
Throughout Legally Blonde, Elle recognises the importance of having a strong support network. She surrounds herself with people who believe in her and support her goals. This is such a valuable example, as being surrounded by the right people in business can honestly make or break a business owner's journey.
5. Embracing Authenticity
One of the most powerful lessons from the movie is the importance of being unapologetically authentic. If we are not grounded in our authenticity, we can find ourselves becoming derailed, feeling unfulfilled and going around in circles. Embracing authenticity allows us to align our actions with our values, attract like-minded clients, and build a business that is true to who they are.
The business journey is not linear, and certainly not for the faint of heart. However, with the right tools and inspiration, we can navigate our path in the aligned and authentic way we desire.I hope this episode gives you just that and supports you to bring out these five qualities displayed so beautifully in Legally Blonde.
Happy listening!
LINKS:
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Did you know that the current small business failure rate is 36% above the average?
Itâs the worst itâs been in 11 years and the estimate is that ten thousand businesses will close down this financial year. Itâs a concerning trend, and we cannot ignore this. I donât want to scare anyone with this episode, I want to equip you with the knowledge to safeguard your business. As Iâve said many times, prevention is better than cure so Iâm going to share the five biggest reasons behind these business closures and the steps you can take to reduce this risk.
Cashflow Management:
Cashflow is the cornerstone of any small business. We need the infrastructure in place to bring in consistent reliable cashflow, and detailed oversight on our numbers. What this looks like is solid legal documents tailored to your business. They support you in converting prospects to paying clients and in feeling confident and secure when faced with challenges. Once your foundation is set, a good accountant can help you maintain it and keep you up to date. If you arenât connected with an accountant yet, this is your sign! Donât wait until itâs too late!Keeping Up with Legal Changes:
Iâve heard from many small businesses that changing laws, especially in areas like employment law, are difficult to keep up with. This is where you should look to experts like lawyers and accountants, to guide you through the complex legal landscape. Surrounding yourself with a team of advisors will give you access to the knowledge and resources you need to stay informed and compliant.Cyber Risks:
Cybersecurity threats pose a significant and ever-increasing risk to businesses. The average cost to a small business when hit by a cyber-attack is $50,000, which is definitely enough to sink a business. How can you protect yourself from cyber threats? Get prepared, stay informed, and establish cybersecurity protocols in your business. This is things like data encryption, regular system updates, and employee training programs.Winning Work and Payment Terms:
Sales and payment terms play a vital role in business success. Ensuring your legal documents, processes, and systems align with your business operations will help you navigate payment issues and support your cashflow management.Failing to Adapt:
If our business isnât able to adapt to changes and trends then we can get left behind and our risk of failure increases greatly. Change shouldnât be seen as scary though. If we stay flexible and open-minded it becomes an opportunity for growth and innovation. Just remember, to make sure you have the legal support in place to facilitate the changes you make.The biggest message I want you to take away from this episode is not to wait until itâs too late. Get proactive and get connected with experts who can guide you. Yes, the statistics are scary but with a strong risk mitigation strategy you can set your business up for long-term sustainable success and avoid becoming a statistic.
LINKS:
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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