Эпизоды
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I do a lot of contract reviews for clients, and what I see in these agreements covers a wide range. Yet, my clients frequently say the same thing: they don’t like dealing with contracts and feel nervous about it because they’re worried about reading them incorrectly. That fear typically translates into procrastination or anxiety about the agreements.
Even though contracts can differ greatly, I usually tackle them using the same step-by-step process. If you’re the type of business owner who doesn’t love reviewing contracts and you want to feel more comfortable, then tune in to today’s episode. In it, I talk about how to review contracts like a lawyer.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[01:06] - Before diving into the topic, Danielle makes an announcement about the podcast.
[03:08] - Danielle discusses the first step she uses when reviewing contracts: outlining your expectations.
[04:08] - What questions should you ask yourself when considering prior contract discussions?
[04:54] - Your contract strategy plays an important part in your outline.
[05:46] - Once your outline is done, step two is so much easier to complete. How you do so depends on personal preference.
[06:34] - Beware of falling into this trap during step two. It’ll save you time.
[07:48] - Danielle talks about the process and considerations for step three.
[08:56] - If you choose to use the PDF format for your contracts, you could hit this speed bump.
[09:53] - This is the step that makes most people feel particularly nervous. Danielle offers reassurance.
[10:44] - Follow these action steps when reviewing your contracts.
Links & Resources:
Episode 41: “How to Handle Contract Revisions”
Businessese
Liss Legal
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Creating a legal strategy is very similar to creating a business plan. You’re just putting an emphasis on fitting legal into your overall business strategy. Even so, you need to have a strategy for different aspects of legal too, depending on your needs and the type of business you have.
In this episode, I take a look at a particular legal sub-strategy: developing your contract strategy. While the idea of having this kind of strategy may seem advanced, it really isn’t. I discuss what it is and who needs one, the areas for consideration of what to include in one, and how a contract strategy affects your business.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[01:29] - Danielle quickly recaps episode seven: the steps you need to follow when creating a legal strategy for your business.
[03:26] - Before diving into what a contract strategy is, Danielle discusses who needs one for their business.
[03:52] - What’s a contract strategy? It’s fairly straightforward, and Danielle explains what it should cover.
[04:38] - Here’s what to consider when it comes to the types of agreements you enter, for now and in the future.
[05:52] - Consider the tone of the agreement as well. Do you need something formal or with plain language?
[07:44] - What provisions do you insist on having in your contracts? And conversely, what types of provisions are off-limits for you?
[09:01] - When deciding on your contract provisions, take this important aspect of your business into consideration as well.
[09:50] - How will you handle the actual contract creation process?
[10:47] - Involving an attorney may depend on your comfort level and capacity as a business owner to deal with contract creation.
[12:46] - What tools will you use to implement and manage your contract strategy?
[13:48] - Danielle briefly talks about how having a contract strategy in place can impact your business.
[15:00] - What happens if a client resists following your contract strategy? You can build potential responses to resistance into the process.
[16:17] - Danielle ends the episode with action steps you can take today.
Links & Resources:
Episode 7: “Why You Need a Legal Strategy”
HelloSign
Dubsado
Businessese
Liss Legal
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Пропущенные эпизоды?
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As a service-based business owner, you know you need contracts. But which ones do you really need? I received this question when I asked a handful of service business owners what they most wanted to know about legal. And it’s a good one, so I dedicate this week to answering it. For this episode, I focus on contract needs for service-based business owners. Even if you don’t categorize your business that way, you’ll probably still need a few of these agreements too. I discuss the necessary contracts and some of the most important terms to include in them.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:05] - For the purpose of this episode, Danielle discusses how she defines a service-based business.
[03:11] - The first agreement is essential for all service business owners.
[04:43] - Not every service-based business needs subcontractor agreements, but here’s what you need to know about them.
[06:58] - Make sure you include these terms in your subcontractor agreement.
[08:18] - Danielle illustrates the difference between contractor and subcontractor agreements.
[09:25] - What terms should you cover in your contractor agreements?
[10:30] - Danielle talks about ongoing service contracts and why they need to be considered separate from contractor agreements, despite some similarities.
[11:24] - What should you look at in ongoing service agreements?
[12:20] - This last contract type may not apply to every service-based business, either.
[13:51] - Danielle provides today’s action steps to end the episode.
Links & Resources:
Episode 8: “When Do You Need a Contract?”
Episode 18: “Client Agreements for Service Business Owners”
Episode 43: “Working with Subcontractors”
Businessese
Liss Legal
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What role does your contract play in your service-based business? This might be something you haven’t really thought about. So often contracts are viewed as just a necessity, stating the terms or protecting the business in case a client relationship sours.
While contracts are something you should have for your business, I don’t think entrepreneurs use them to their full potential. In this episode, I want to expand your thinking about contracts and discuss how they’re an underutilized tool service business owners can use for proactive problem-solving. I cover how I apply this in my own business for clients and discuss how to use your contract to solve issues that come up surrounding payment, communication, and scope creep.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:41] - Contracts serve as a tool to proactively troubleshoot issues with clients. Danielle discusses what that looks like in practical terms.
[04:16] - Danielle shifts focus to types of problems you can solve with your contract before they arise, starting with payment issues.
[05:21] - Many service business owners also use payment terms to ensure that this scenario doesn’t happen.
[06:39] - Potential problems can arise related to communication issues.
[07:18] - How can you set proper expectations about communication with clients in your contract?
[08:18] - Danielle talks about another potential problem area similar to communication issues: non-responsive clients.
[09:42] - Having backup contact information can be a way to solve a lack of communication problem between you and a non-responsive client.
[10:16] - Danielle addresses scope creep, a common issue for many service-based entrepreneurs.
[11:55] - What’s the best way to ensure scope creep doesn’t happen? Here’s a simple solution and how to enforce it.
[12:48] - Danielle wraps up the episode with some action steps.
Links & Resources:
Episode 9: “Contracts: Money & Getting Paid”
Episode 28: “Managing Drafts and Client Approvals”
Episode 38: “How to Avoid Scope Creep”
Businessese
Liss Legal
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I love master service agreements (MSAs) as a tool for service-based business owners! Many types of businesses use them. But service business owners can benefit from them, because it gives them the ability to easily incorporate future projects with ongoing clients into the same contract.
In this episode, I talk about how you can save time, money, and stress with a master service agreement. I also go over the key pieces of a master service agreement and how it’s different from a client agreement, managing your MSA, and the benefits of converting your current client agreement into an MSA.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:26] - Master service agreements for service-based entrepreneurs have a couple of key pieces.
[03:34] - Danielle gives a hypothetical example of what an MSA with statements of work (SOWs) can look like.
[04:45] - How is an MSA with SOWs different from the terms in a typical client agreement?
[05:32] - If you work with larger companies, MSAs are almost always preferred and make the process so much easier.
[06:41] - Danielle explains how to construct an MSA if you need different terms for different project types.
[08:09] - What if you want to convert your current client agreement to a master service agreement?
[08:56] - Danielle discusses how to logistically manage your master service agreement.
[09:58] - How can an MSA save you (and your client) time?
[10:47] - Danielle reveals how a master service agreement can save you money.
[12:03] - When you have ongoing clients, MSAs save you a lot of stress.
[12:37] - Follow these steps to start saving yourself time, money, and stress today.
Links & Resources:
Episode 18: “Client Agreements for Service Business Owners”
Businessese
Liss Legal
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I often help draft client agreements for new small business entrepreneurs through my law firm. One of the things I talk with them about is what their process for obtaining clients looks like. Understanding that, I can better recommend how to best structure their client agreements.
In this episode, I talk about how to manage your proposals and contracts, if you are using proposals in your client acquisition process. You’ll hear about how a business proposal differs from a contract, what to include in your client proposals, and how to address your proposal in your contract.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:20] - What is a business proposal? Danielle first addresses this key point and uses her law firm as an example.
[04:27] - How should you differentiate between your proposal and your contract? Danielle briefly overviews what goes into a proposal.
[05:40] - Danielle provides clues as to what else you should include in your proposal.
[07:24] - If proposals make sense in your business, many tools exist to help you. Danielle mentions a few of them.
[09:09] - You might be wondering about this when you send proposals to clients.
[09:43] - Danielle discusses a couple of options for addressing your proposal within a contract.
[11:24] - Make sure that the terms in your contract and proposal match each other.
[11:55] - Danielle provides an overview of what the typical proposal-to-contract cycle can look like.
[12:48] - Follow these action steps to manage proposals and contracts in your business.
Links & Resources:
Bidsketch
Proposify
Dubsado
Pitch Perfect Proposals by Small Business Boss
“Business Proposal Ideas to Win More Clients” by Small Business Boss
Marketing Queen - Crystal Dove
Episode 18: “Client Agreements for Service Business Owners”
Businessese
Liss Legal
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Many companies use giveaways as a way to market their products and services. But, “giveaways” aren’t actually a legal term. Instead, they are usually a contest or sweepstakes. And, there are a lot of laws that can impact your business if you host this type of promotion.
In this episode, I discuss what a giveaway is and how to protect your business if you host one, including what you need to include in the official rules and regulations. I also talk about how to handle certain social media platforms when marketing your giveaway.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:24] - “Giveaway” isn’t a legal term, so you have to determine exactly what you mean by it. Are you running a sweepstakes, contest, or lottery?
[04:06] - The laws that apply to giveaways can be complicated, and there’s no single federal law to cover them all. You also need to be aware of the FTC’s rules.
[05:19] - Danielle discusses the different laws that apply to contest and sweepstakes promotions.
[06:30] - Some states like Florida, New York, and Rhode Island have additional requirements.
[07:36] - Most states require that a business disclose the material terms of the promotion (a.k.a. the official rules and regulations). These also protect you from liability.
[08:33] - What should you include in the official rules of your giveaway? Danielle reveals what you need if you’re running a sweepstakes.
[10:21] - If you’re running a contest, your rules should have everything you’d include for a sweepstakes in addition to these couple of things.
[11:32] - Running a contest requires you to look at intellectual property in these two ways.
[12:54] - Danielle gets into some of the legal language clauses that come with running a giveaway.
[14:01] - How should you handle different social media platform requirements when hosting and promoting your giveaway?
[16:07] - Danielle recaps the steps you need to take to legally host a giveaway.
Links & Resources:
Episode 44: “FTC Disclosures”
Episode 45: “Using Testimonials”
Facebook Terms and Policies for promotions
Instagram Promotion Guidelines
Pinterest Guidelines for Community and Advertising
Guidelines for Promotion on Twitter
Snapchat Promotions Rules
Tiktok Terms of Service
Businessese
Liss Legal
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Business owners make a regular practice of using testimonials in their marketing. Many businesses also ask customers to leave reviews on public third-party platforms like Google, Yelp, or Facebook.
The goal is to capture those positive experiences to help attract more clients and customers. But these public reviews also mean you’re opening yourself up to criticism and negative reviews.
How should you deal with negative reviews? In this episode, I look at this from a couple of different angles based on questions I’ve been asked before. Can you legally prevent the posting of a negative review, and can you threaten to sue to have one taken down? Let’s dive into it!
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[03:18] - Can you legally prevent someone from leaving you a negative review?
[03:51] - The Consumer Review Fairness Act (CRFA) protects honest consumer assessments. Danielle discusses what used to happen before its enactment in 2016.
[05:18] - What does the Consumer Review Fairness Act cover?
[06:01] - The CRFA does allow you to manage certain types of content in reviews.
[06:50] - What if someone leaves a dishonest review? Instead of fighting to get it taken down, you can try this instead.
[07:01] - Danielle reveals one important thing to note about the CRFA.
[08:19] - Can you take certain actions against someone who posts a negative review on your own platform or website? The CRFA doesn’t cover this, but the FTC has a clear position.
[08:51] - Danielle discusses the recent settlement agreement between the FTC and Fashion Nova that precipitated the FTC’s position.
[10:00] - Can you threaten a lawsuit to remove negative reviews left on a third-party platform? If you’re considering it, keep these things in mind.
[12:17] - Danielle reveals your action steps for today.
Links & Resources:
Episode 45: “Using Testimonials”
Businessese
Liss Legal
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Legal Marketing Review is common for big businesses with in-house legal teams. In this episode, I'll be discussing what smaller businesses need to know.
Just as you want your marketing to help you stand out from your competition and help you sell your products and services, you want to make sure you’re covered legally. So think of legal marketing review as a process to make sure your content is compliant and says what you want it to say, from a legal perspective.
I’ll cover who needs legal marketing review, how the process works, how I conduct it for my clients, and a common question I hear from people when they first consider getting it done.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:18] - Danielle describes how she ensured that her website marketing aligns with her core values.
[02:55] - Do you view disclosures as having a negative impact on your business and sales? View them this way instead.
[04:16] - Danielle discusses who needs to conduct a legal marketing review. One group in particular has become very skilled at it.
[06:36] - Legal marketing review can happen at any point, but the review usually happens somewhere in the middle of the copywriting process.
[07:08] - What should you consider during legal marketing review? Look at testimonials in your marketing with these parameters in mind.
[07:59] - Small businesses should also look at their claims, both implicit and explicit.
[08:56] - Danielle gives a behind-the-scenes look of what happens when she does a legal marketing review.
[11:14] - Can you do your own legal marketing review? This particular question comes up a lot.
[11:53] - Danielle mentions some other important areas of consideration regarding conducting legal marketing reviews yourself.
[12:57] - Ask yourself these questions and follow these tips as your action steps for today.
Links & Resources:
Episode 47: “Marketing & the FTC”
Businessese
Liss Legal
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With all the talk about complying with the FTC over the past few episodes, it should come as no surprise that the organization also has guidance on money-back guarantees. Money-back guarantees are a heavily used sales tool and, sometimes, they honestly make me cringe.
In this episode, I discuss how to structure money-back guarantees. You’ll learn about the most common money-back guarantees and how to create better, compliant policies.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:29] - Danielle starts the episode with a short review of the Federal Trade Commission’s primary goals.
[03:25] - Don’t make the mistake of thinking you can get around FTC compliance with selective language!
[04:21] - As long as you follow the FTC’s rules, you can put parameters on your money-back guarantees.
[05:00] - Danielle describes the most common money-back guarantees she sees in the online business space.
[06:16] - How do you build better money-back guarantees? Danielle’s #1 recommendation is pretty simple.
[07:33] - Do this if you get customer complaints about your money-back guarantee.
[07:59] - Make sure any time-based conditions are well-defined. Danielle illustrates why.
[08:58] - Danielle provides an example of how you can structure a 14-day money-back guarantee for an offer like an online course.
[09:27] - Proof-based money-back guarantees are the most complicated. How do you lessen the chances of yours becoming a problem?
[11:01] - The show wraps with your recommended action steps.
Links & Resources:
Businessese
Liss Legal
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For the last few episodes, I’ve talked a lot about marketing and complying with the Federal Trade Commission for the legal side of your business. Primarily, I’ve looked at testimonials and advertising claims. Today, I want to look at the FTC more broadly and why it matters for your marketing.
In this episode, I do a quick review of what the FTC is and discuss FTC compliance in your marketing within a handful of areas you need to consider. You’ll hear about rules you should follow for health claims, expert endorsements, comparative advertising, disclosures, and more. This episode was created with online business owners in mind and covers the areas that are typically most important in your marketing.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:32] - Danielle provides a quick overview of the Federal Trade Commission.
[03:31] - What are the most important things you need to know about using testimonials in compliance with the FTC?
[04:31] - Danielle goes over the main criteria for evaluating your advertising claims.
[06:01] - The rules about testimonials also apply to expert endorsements. But here are additional things you need to know.
[07:25] - Be careful making claims in the health and wellness industry. The FTC heavily scrutinizes this market.
[08:18] - What’s the golden rule for health claims and how do you evaluate them in your marketing?
[09:15] - What if you can’t prove your claims are typical of results? Here’s what NOT to do.
[10:11] - Danielle discusses puffery. Besides sounding funny, what is it and why would you want to avoid it?
[11:39] - Referred to by the FTC as comparative advertising, brand comparison has its own rules you must follow.
[12:43] - Before wrapping the episode, Danielle reviews disclosures.
[13:59] - Follow these action steps to ensure your marketing complies with the FTC’s guidelines.
Links & Resources:
Episode 45: “Using Testimonials”
Episode 46: “Marketing with Income Claims”
Businessese
Liss Legal
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Income claims are so common in the online business world. I see it in online courses, group programs, and service offers, and there’s been a lot of discussion on both the ethics and efficacy of using them.
Regardless of your point-of-view on that matter, you must take care before you incorporate this type of claim into marketing for your small business. In this episode, I talk about the legal side of using income claims in your advertising.
You’ll discover what you need to know if you use them on your website, social media channels, or anywhere else. I also provide tips on what you can consider when your business is acting as a consumer for other products or services that use these types of claims.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[03:12] - Danielle offers an example of a typical income claim that’s common in the online business world.
[04:19] - More subtle income claims exist too. Here’s how to recognize them.
[04:52] - What does the Federal Trade Commission have to say about making income claims in advertising?
[05:54] - How do the FTC guidelines impact the usage of income claims? Danielle walks you through an example.
[08:36] - Danielle dives deeper into the usage of advertising claims. Do you have substantiation for any income claims you make?
[10:00] - All claims are either explicit or implicit, but both require substantiation.
[11:30] - Consider the following when you look at the disclosure aspect of using income claims in your marketing.
[12:54] - How do you properly disclose to ensure your advertising isn’t deceptive or misleading?
[14:12] - Danielle discusses how you as a small business-owning consumer can evaluate others’ income claims.
[16:30] - Follow these steps when making income claims in your marketing.
Links & Resources:
Episode 45: “Using Testimonials”
FTC’s Business Opportunity Rule
FTC’s Business Guidance Concerning Multi-Level Marketing
FTC Policy Statement Regarding Advertising Substantiation
Businessese
Liss Legal
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What is social proof? The concept focuses on how people adopt others’ actions to reflect correct behavior in a social situation. So if someone feels uncertain about something, they’ll look at another person’s behavior to help them make a decision on what to do.
With small businesses, social proof might take the form of case studies, reviews, or even trust icons on websites showing their media mentions. But one of the most common forms of social proof is testimonials which are recommendations from happy clients and customers that talk about the person’s experience using a product or service.
You see testimonials everywhere because they’re so effective, and they can be only a couple of lines to something more in-depth. In this episode, I talk about what you need to know when using testimonials in your marketing and how to get permission to use them from your clients.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:53] - Danielle gives a quick made-up example of a testimonial.
[03:58] - Danielle offers a short recap of the Federal Trade Commission’s main goals.
[05:00] - In the eyes of the FTC, endorsements and testimonials are effectively the same thing.
[05:58] - Danielle distills some information you need to know to take advantage of the power of testimonials in your marketing.
[07:11] - What do you do if you can’t use a client’s or customer’s testimonial due to unsubstantiated claims about your product or service?
[08:34] - While exact wording in testimonials isn’t necessary, you do need to be careful to avoid this mistake.
[09:26] - Danielle discusses the need to differentiate between testimonials that depict typical vs. atypical results.
[10:54] - If you regularly solicit testimonials, consider adding something to your terms or client agreement. Danielle goes over common things to include.
[12:29] - Is it okay to share screenshots of comments posted on forums or Facebook groups to use as testimonials?
[13:31] - What should you do if you’re asked by an endorser to remove a testimonial they’ve provided?
[14:16] - Danielle reveals your action steps to wrap up the episode.
Links & Resources:
FTC Guide: Use of Endorsements and Testimonials in Advertising
Influence: Science and Practice by Robert Cialdini
Businessese
Liss Legal
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The Federal Trade Commission is here to protect against unfair and deceptive advertising practices. And their job includes sponsored content and affiliate marketing.
In 2013, I talked about the .com disclosures guide released by the FTC nonstop, but since then, bloggers and influencers and brands and agencies have become more comfortable with the disclosure requirements.
However, if you are new to influencer marketing, either as an influencer or brand, this is an important topic that you need to understand.
In this episode, I provide an overview of who needs to disclose, when to disclose and how to disclose. I’ll cover disclosure for sponsored content and affiliate marketing.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:08] - What does the Federal Trade Commission do? Danielle reveals its two main goals.
[03:34] - Danielle discusses how bloggers felt after the FTC first published digital advertising disclosures in March 2013.
[04:26] - How have things changed since the FTC initially released its .com disclosure guide?
[05:33] - Danielle goes over who needs to disclose sponsored content or affiliate partnerships.
[07:11] - When should you disclose? Here’s the simple answer, and Danielle uses Businessese as an example.
[08:41] - Danielle talks about how to disclose clearly and conspicuously.
[10:47] - Many platforms have branded content tools that may aid with disclosure. But you may still need something additional.
[11:12] - Carefully review the disclosure requirements for sponsored and affiliate content of any brand or agency with whom you work.
[11:56] - The FTC does look at more than just the inclusion of a disclosure. Danielle mentions a couple of other relevant things to remember.
[13:05] - While a lot of the principles for sponsored content disclosure apply equally to affiliate marketing relationships, there is one tricky element to address.
[14:18] - What do you do if your business is the one being promoted?
[15:02] - The episode wraps up with a few disclosure action steps.
Links & Resources:
Disclosures 101 for Social Media Influencers
.com Disclosure Guide
“The FTC’s Endorsement Guides: What People Are Asking”
Businessese
Liss Legal
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Plenty of small business owners use an individual or business to carry out a portion of their work. These subcontractors can become part of your business growth strategy and are a great way to delegate tasks to someone else before hiring an employee. If you are a service-based business owner, I’m concentrating on the type of relationships that you’ll have with subcontractors.
Today I review several important areas for consideration when you’re working with subcontractors including scope of work, payment terms, ownership, intellectual property, and client relationship protection.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:33] - Danielle shares one big caveat before diving into tips for working with subcontractors.
[03:40] - Will your client and the subcontractor have any direct interaction with each other or not? Danielle offers considerations for both scenarios.
[06:12] - Follow these tips to ensure that your subcontractor agreement has a clear scope of work.
[07:25] - How (and when) will your subcontractor be paid?
[07:54] - Some businesses will also include this provision in their payment terms.
[08:17] - Like any contract you enter into, you’ll also want to have this provision in your subcontractor agreements.
[09:46] - Danielle discusses intellectual property rights and ownership of deliverables, including original content, when working with subcontractors.
[12:28] - Can your subcontractor include the work they’ve done on behalf of your clients in their portfolio?
[13:44] - When working with subcontractors, you need to address the confidentiality of both your information and your client’s.
[15:07] - Danielle goes over what you need to know when including non-solicitation clauses in subcontractor agreements to help protect client relationships.
[16:58] - The episode wraps up with your action steps for today.
Links & Resources:
DIY Subcontractor Agreement
Businessese
Liss Legal
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Do you dread the idea of finding a lawyer for your small business? I know we lawyers occasionally have a reputation for being expensive, underhanded, full of confusing legalese, and out to exploit whatever (and whomever) we can to make lots of money. But those of us who know we’re not like that find those tropes frustrating.
Hiring a lawyer shouldn’t be a case of avoidance until a last-minute scramble for desperately-needed legal advice forces the issue. I believe that a small business owner needs a lawyer in their corner who knows their business and can help in their journey. But how do you find that lawyer who’s the one for you and your business? In this episode, I give you several tips for researching and hiring a lawyer who’s the right fit for you.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[03:06] - What is the one thing you must always remember when looking to hire a lawyer?
[03:40] - The first tip can go a long way to help you feel more comfortable in this process.
[04:42] - Carefully consider what you need for your business. Danielle offers guidance if you don’t know what you need.
[05:53] - Do this if you know you need individualized advice that a 15-minute free consultation can’t give you.
[06:31] - Beware of making this common mistake with lawyers. Danielle uses her household as an example to demonstrate why.
[08:26] - Danielle reveals the most important tip you should follow when choosing a lawyer. Movies and TV shows might have you thinking otherwise.
[09:18] - How can you find out what the relationship between you and a lawyer will look like before you hire one?
[10:39] - In addition to experience, you’ll want a lawyer who can do this for you as well. Ask these questions before you choose.
[12:03] - Don’t be afraid to consider your budgets and infer about fees. Danielle offers questions to ask lawyers under your consideration.
[12:57] - Follow these action steps during your search to find the right lawyer for your business.
Links & Resources:
Businessese
Liss Legal
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At least two sides exist for every contract: the party who issues the contract and the party who reviews and signs it. In an ideal contract situation, each side mutually benefits and feels protected by all the terms contained within it.
This isn’t always the case, though. Sometimes, the signer will see something that doesn’t reflect what they thought was agreed upon. Or a topic mentioned within the contract never came up in the initial discussion.
That’s where contract revisions come in. In this episode, I talk about how to handle revision requests from both sides of the agreement. I offer tips for each side and discuss some of the most commonly revised terms in contracts.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:37] - How should the signer handle revisions of a contract? Step one is fairly simple.
[03:26] - Danielle reveals the next step of the revision process for signers.
[04:27] - What if you run into a worst-case scenario? Here’s what to consider if the agreement doesn’t go as planned.
[05:43] - Danielle gives her recommendation for how to send revisions to the issuer.
[06:22] - Don’t make the mistake of this assumption after you’ve sent a revised contract.
[06:58] - Danielle takes a look at handling revisions from the issuer side.
[08:02] - You have three options for how to respond to clients requesting contract changes.
[08:44] - Most revision negotiations go smoothly. But keep this tip in mind if you reach an impasse and can’t agree on how to proceed.
[09:31] - Danielle covers some of the most commonly revisable terms in a contract by the signer.
[12:02] - This particular revisable term can be a hot button issue. What did Danielle do when she didn’t agree with a client over ownership of services?
[15:42] - Danielle quickly summarizes the steps and reveals actions you should take next.
Links & Resources:
Episode 13: “Content Ownership in Contracts”
Episode 30: “Copyrights 101”
Businessese
Liss Legal
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Eleven years since it launched, Instagram has become a go-to marketing platform for many entrepreneurs. Despite frustrations with constant algorithm changes or the added necessity of Facebook, it still remains popular for business visibility and engagement. However, like with any platform, you need to consider the possible legal ramifications to your business.
In this episode, I discuss how to protect your business legally when you use Instagram to market your products or services. I give an overview of some key areas to look over and talk about using testimonials, avoiding false claims, posting disclaimers, and handling direct messages on Instagram in ways to avoid unnecessarily opening yourself up to legal liability.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[02:11] - When posting testimonials, you need to consider these questions.
[03:47] - What if you can’t back up your social proof with evidence? A simple disclosure should cover it.
[04:08] - Be cautious about releasing anything requiring permission to use the name and likeness of clients or customers.
[04:46] - Can you take screenshots of comments and use those as social proof? It depends on what’s written in your contracts/policies.
[05:33] - Beware of making false claims on Instagram. This is an area monitored by the Federal Trade Commission (FTC).
[05:55] - Danielle offers an example of an unsubstantiated claim in the weight loss industry.
[06:23] - Danielle showcases a more subtle unsupported claim, this time in the marketing industry, and discusses the type of language to use instead.
[07:38] - In case you need it, here’s a refresher on what a disclaimer is.
[08:21] - With limited characters allowed on Instagram posts, how do you include the necessary disclaimers?
[09:52] - Handle your responses to DMs on Instagram with care. Danielle discusses why and shares how she crafted a response to a client through a DM.
[11:05] - Direct messages also make addressing confidentiality necessary.
[11:38] - To wrap up, Danielle talks about the action steps you should take next.
Links & Resources:
Instagram Disclaimer Template
Businessese
Liss Legal
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Affiliate marketing is one of the most popular streams of income online for both affiliates and companies. You see it everywhere in social media posts, blogs, videos, emails, and even books.
Affiliate programs provide lots of benefits. Companies that offer one get to advertise their products or services through affiliates with minimal investment or risk. They only pay when there are sales. Affiliates get a relatively simple way to earn money for promoting products or services without having to spend lots of money upfront on store inventory.
So today, I talk all about affiliate marketing. I cover the common legal terms and conditions, commissions, and disclosures obligations in affiliate contracts from the perspective of those who run affiliate programs and those who serve as affiliates.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[01:34] - What is affiliate marketing?
[02:34] - Danielle gives a great example of affiliate marketing in action and discusses the potential income affiliates can make.
[03:37] - A cash commission is the most common payment option but not the only one. What other incentives can affiliates receive?
[06:00] - Those who offer affiliate marketing programs should have terms and conditions. Danielle goes over each section.
[07:13] - What if you work with affiliates on a smaller scale and don’t use software for tracking purposes?
[08:08] - Danielle talks about affiliate obligations commonly included in program terms. These are the business’s basic expectations of the affiliate.
[09:50] - In affiliate agreements, companies usually outline obligations and reserved rights on their end, in addition to terms regarding the termination of the agreement.
[10:47] - How are affiliates paid? Danielle discusses common commission terms.
[12:23] - Most companies reserve the right to modify their terms and conditions without notifying affiliates and may put some program restrictions in place.
[13:32] - How does confidentiality play a part in being an affiliate?
[14:19] - Danielle focuses on the other big legal issue for affiliate marketing: disclosure.
[15:54] - Find out the next steps to take, whether you’re an affiliate or a business that offers an affiliate program.
Links & Resources:
Businessese Affiliate Program
Affiliate Terms and Conditions
Referral Agreement
Businessese
Liss Legal
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What is scope creep? The term might be new for you, but you’ve probably experienced it if you’re a service-based entrepreneur. Scope creep happens when you exceed the amount of work for agreed-upon deliverables to your client without an increase in pay to match. In other words, you overdeliver in a big way but receive no commensurate compensation in return.
How can you prevent scope creep or stop it in its tracks before it can get out of hand? In this episode, I talk about how you can avoid scope creep by crafting a scope of work that works for you. I also answer some of the most common questions I receive about scope creep.
Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!
In this episode:
[01:59] - Danielle gives an example of how a copywriter can fall into the scope creep trap.
[03:41] - What’s the easiest solution to avoid scope creep?
[04:17] - Danielle offers an example of how a social media manager can specify deliverables in a contract.
[05:40] - In addition, you need to address what happens if you need to change your scope of work. Here’s a clause recommendation.
[06:29] - Keep this in mind when setting scope-of-work expectations in your client agreement.
[07:00] - What do your clients need to know about your deadlines?
[07:35] - Are you better off charging hourly or a flat rate? Danielle discusses setting fees for your scope of work.
[09:42] - Should you state upfront what isn’t included in your scope of work?
[10:38] - How should you handle additional fees for revisions?
[11:13] - Scope creep often starts as one small thing you’re okay with doing. Here’s how you can address it.
[12:14] - What if you run into a client who doesn’t think they need to pay extra?
[13:03] - Danielle wraps up the episode with today’s action steps.
Links & Resources:
Businessese
Liss Legal
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