Tag: legal view

Running a business without written agreements puts you and your clients at risk for misunderstandings, missed payments, and legal disputes. It’s especially risky in today’s landscape, where chargebacks (where clients dispute charges through their credit card company) can result in the loss of money even if your policy is “no refunds.” Without a written agreement, you’ll likely be forced to refund payments—regardless of your stated policies.

The truth is, contracts, or as I like to call them, business agreements, don’t have to be complicated, written in legalese, or span 20 pages to be enforceable. What they need to be is yours—clear, written in simple language, customized to your needs, and signed by both parties. When I say don’t “copy/paste,” I mean just that. Yes, you can follow templates, but don’t insert language you don’t understand just because it looks professional.  

*** Required disclaimer: This is not legal advice, meant for educational purposes only, if you have a contract matter- please discuss with an attorney***

Okay, now on to our discussion. 

Here’s what your agreements should include:

1. Be Clear and Keep It Simple

Nobody likes legalese—trust me, nobody. Skip the formal jargon. If the agreement is for six months, say that directly. If there are four monthly payments, spell that out. People want clarity, and your agreement doesn’t need to be fancy to be enforceable. In fact, you can have a legally binding agreement on a napkin (there’s a famous case about this!). But, for professionalism’s sake, keep it concise and clear.

2. Use the QTIPS Framework

To ensure all bases are covered, use the QTIPS framework to guide you in writing your agreements:

  • Q: Quantity (6 sessions, 2 products, etc.)

  • T: Time of Performance (15 days, 6 months, etc.)

  • I: Identity of the Parties (Who’s involved? You and your client? Identify them!)

  • P: Price (What is the cost of the services/products?)

  • S: Subject Matter (What are they buying? Coaching? Products? Services?)

With this in place, there’s little room for confusion. For example: “This agreement between Me and You is for six 30-minute life coaching sessions over six weeks for $350.” All terms are clearly laid out.

3. Spell Out Your terms

This is a common area where business owners often leave gaps that later create headaches. If you have a no-refund term, write it down. If there are time restrictions for rescheduling (e.g., within 48 hours), state that upfront. Similarly, if you require deposits, payment in full before certain services, or have any other terms, include them in your agreement.

It’s far better to have customers review your contract terms before purchasing, rather than dealing with disputes later. Trust me, it’s less stressful to turn someone down upfront than to face a chargeback down the line.  And without getting too legally for you, we often treat policies and contract terms as different. 

Generally, we describe policies as applying to everyone equally in your business, regardless of the products or services they contract for.  “Our policy is to require 48 hours’ notice to change an appointment.” But a contract is between you and the other party specifically (QTIPS). You can negotiate a term. “I’m requesting the option to provide 24 hours’ notice to you due to the nature of my business.”  That term can be negotiated in an agreement between the two of you. 

So, if you are relying on your websites’ policies to fight a chargeback or otherwise prevent a refund, and it is not a term in the contract, there might be some stickiness with certain payment platforms or credit card issuers.  Please check with an attorney if you need guidance in this area. Us lawyers had weeks and weeks and weeks and weeks of law school and legal cases to read (I know, I’m exaggerating, or am I?) on the exciting world of contract terms. Exploring the exotic world of, “what terms are included in this scenario? That one? Is that an Oxford comma?”

4. Get Any Changes in Writing

Changes will happen. Whether it’s a change of schedule or an amendment to services, always get the changes in writing. Even something informal like, “We’ve agreed to change the dates for yoga sessions” should be clearly documented.

At a MINIMUM send an email documenting the changes to the agreement. You can send an, “I’m just following up our phone conversation with this email to ensure we have everything clearly documented……”  At the end of the email., “If you see something I left out or need to change, please hit reply and let me know.  It was great speaking with you earlier today.” Please do this as you get off the phone- not two days later. If you know that you will not get to it right away, have excellent notes. 

Even better? Send over the changes in a separate document, and you both sign.  Create a word document, send it to the other side, once it’s absolutely captured the changes, make a .PDF, send for signature or e-sign. As much as possible, keep everything signed and dated to avoid confusion.  Don’t rely on memory or scribbles on your notepad—put it in a formal writing!

5. Be Prepared to Enforce the Agreement

This part of business isn’t easy, but it’s necessary. You have to be prepared to enforce your agreements if the need arises. In my own business, I allow clients to pause services for a month or two if life happens—but we don’t just “cancel” agreements because life got in the way. We finish what we agreed to. My livelihood depends on it, and your business should be treated with the same respect.

You may never need to enforce an agreement, but if it comes to that, be firm. Ensure your agreements are followed and recognized.

6. Get Professional Legal Review for Complex Agreements

For more complex agreements, like buying or selling a business, purchasing or leasing equipment, or drafting partnership agreements, always consult an attorney. These types of agreements often involve significant risks, and it’s essential to get them right from the start.

If you can’t afford a full-time attorney or don’t want to hire someone long-term, there’s an excellent online resource called Contracts Counsel. This platform allows you to hire attorneys on a project basis to review or draft legal agreements tailored to your specific needs. It’s an affordable way to ensure your legal documents are in top shape.

A Final Note

While hiring an attorney may seem like an extra step, it’s an investment in the long-term stability and success of your business. Having a clear, legally binding agreement not only protects you but also gives your clients peace of mind, knowing that both parties are aligned in terms of expectations. Don’t let a misunderstanding or poorly crafted contract harm your business—take control of your agreements and protect your interests.

For California Business Owners

If you’re a small business owner in California and need help reviewing or drafting your contracts, I’m here to help. Reach out for a consultation, and we’ll ensure your agreements are legally sound and protect your business.

One of the most common question people search online related to contract negotiations on Answer the Public is, “Can you negotiate a contract after signing?” Since that is such a frequently researched topic on the internet, I am going to assume that there is probably quite a bit of buyer’s remorse out there in the world.  And that people are getting into agreements that they end up not feeling good about performing or completing. Or the other party isn’t performing and there’s a risk of breach.

A Little Contract Law Background

Before we talk about potentially changing a contract after it is signed, let’s get a quick (legal but not legal advice) background about contracts.  All contracts must contain a few “elements” or parts to be legally “enforceable.”  These are “mutual assent,” “consideration,” and “lack of defenses.”  In a nutshell, a legal contract needs two or more parties who are legally able to enter into a contract (not a minor, for example) who commit to and agree on all of the essential terms (like price), both sides are giving something in exchange they do not legally have to (like money for goods), and there isn’t any circumstance that would prevent the contract from being enforceable, like fraud.

If these are all present at the time you sign, or shake, or exchange hugs, the court would likely find a legally enforceable contract. Depending on the jurisdiction (you know a lawyer cannot write an article without the word “depends” or some form of it) verbal contracts are just as enforceable as written ones. So, for the purposes of our discussion here, we are going to start from the presumption that the contract you want to change is a legal contract and that it is fully executable and enforceable.

Changing Contract Terms through Modification

To modify a contract is to just change some terms.  In most written agreements, there will be a statement that “any changes must be in writing and signed by all parties.”  That’s a modification.  The biggest thing about a modification is that both sides agree to the change or changes.  Negotiating changes can be for one thing or for multiple things.  And in some instances, new “consideration” may be required (such as more money) to make the modification legally enforceable. But I suspect if people thought they could get the other side to agree to a change in terms, they might not be researching “Can you negotiate a contract after signing?” on the internet.

Reformation and Recission

There are some legal remedies available after contracts are signed. These sometimes need to be sought in court.  The first is called, “reformation” which is where the contract is rewritten to match the “intent” of the parties or to correct what we might call an “ambiguity.” You and the other party agree to buy and sell each other, “citrus fruit.” You intended to sell limes, he intended to buy lemons but you both agree that the contract was for “limons” (the hybrid), so the contract is rewritten or clarified so that the written agreement reflects the actual intent of the parties. 

A recission is where we walk away from the contract entirely and pretend it never existed. Taking the same example above but this time you cannot agree on the citrus fruit, so the contract is “withdrawn” as if it never existed. This is because you intended limes, he intended lemons, you never agree, so there is no legally enforceable intent.

There are a few legal requirements around the use of reformation and recission, and if you were either the lemon or the lime person in this short example, please consult with an attorney to look at your options.

Should You Even Try to Change the Agreement?

When you are looking to change the terms of an agreement once it has been executed, negotiation, if possible, often results in the best outcome for everyone.  In the current economic climate, I have helped numerous businesses rework a contract so both sides benefit.  Maybe someone needs a longer payment plan or a different delivery date. When you are asking for a sit down to negotiate new terms, be clear about what you need and why.

There is also a percentage of us who might realize the contract we signed is flawed, but we aren’t going to try and change it.  We’re the ones who will just, “suck it up” and not make a noise about it. Those of us who will not try to change “what it is” may do so because on balance, the change we would ask for does not actually make that much of a difference in the outcome. Or maybe there is a long-standing business relationship. Or hope for future business.

How did We Even Get Here?

Finally, I want to talk a little bit about how we get into these agreements in the first place.  Many times, we get caught up with emotions or hope for an outcome; either can prevent us from reading closely the terms of an agreement. Even if we are engaged in the dryest and least emotional transactions, our trust in others can sometimes cause us to enter into an agreement that, well, we’re not happy with. This can happen when the parties to an agreement assume that what was discussed and agreed to in person or on the phone is memorialized properly in the contract writing.  That is not always the case.

Why do I point these scenarios out? Because we’ve all gotten into agreements at one time or another that weren’t exactly what we expected or wanted. There is sometimes some shame around terms we agreed to that maybe we shouldn’t have, and sometimes we may feel stuck with a contract that doesn’t really serve us or is just outright not delivering the promise of the agreement.  

It’s a good idea to have legal support and advice when you are navigating contracts for your life and business. If you have a contract agreement that isn’t serving you or your business, and you want to look at some type of renegotiation after signing, consider hiring an attorney to help you negotiate, draft and review any changes.

**Photo by energepic.com**