Not all parties to contracts are created equal. In fact, more often than not one party to a contract may have considerably greater bargaining power and financial resources than the other party. This can give the stronger party an incentive to misbehave. So how can you protect yourself when you are the “David” in a David v. Goliath scenario? Consider using an indemnification clause to help level the playing field.
The start of a new year provides a time to reflect on past successes and lessons learned. It’s also a time to chart the course ahead to achieve your goals. One important goal for any business is to protect the uniqueness and “brand identity” that distinguishes it from others. And, there is no more valuable asset of brand identity than a company’s trademarks and service marks.
“Additional terms and conditions apply” is a phrase we have all heard from a voice-over on a late-night infomercial hawking vegetable juicers or subscriptions to a knife-of-the-month club. But just what are “terms and conditions” and how are they different from a normal contract? How can you make sure that your business’s “terms and conditions” are binding and enforceable? What if you want to change your “terms and conditions” from time to time?
Your business is growing and fortune is shining. Out-of-state opportunities are increasing. Perhaps you are considering expanding operations. If you haven’t already, you’re likely to end up serving the world’s sixth largest economy—California. And who wouldn’t want to be in California? It has nearly 40 million consumers.
Before heading out with your sunscreen and order book, there are a few intricacies of California law that any out-of-state business should keep in mind when doing business with California-based employees and parties.
Does your company use form service agreements, purchase contracts, or online terms to conduct its business with customers? If so, you should review those documents immediately to make sure you are compliant with the new Consumer Review Fairness Act of 2016 (CRFA), which makes it unlawful in many cases to use your “standard terms” to control what your customer says about you, your products, or services.