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Contracts To Start Business

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Contracts To Start a Business

When you are starting a business, it is easy to just take off and go. There are so many different balls to juggle that focusing on legally protecting your business can easily be overlooked. While branding, marketing, and designing retail spaces are all a lot more fun than reviewing contracts, those legal agreements are critical to the success of your venture. So, what contracts do you need to start your business?

Articles of Incorporation

A big mistake many small business owners make is not establishing a proper business structure. Running as a sole proprietorship may sound good in theory, but it lacks the personal protection from liability that you would otherwise get if you chose another business structure. Consider opting for an LLC or a C corporation instead.

Service Contracts

Assuming your business offers services in addition to or instead of selling a product, you will need a service contract. This should be written to eliminate any misunderstandings and to also prevent you from taking on more liability than you should. It should also establish when you can complete the services and any fees associated with this, including a provision for additional fees given unforeseen circumstances.

Sales Contracts

If your company will be selling products, sales contracts are key. Here, you specify the price the products sell form, terms and conditions related to their sale, and if there are any warranties or guarantees. This contract doesn’t need to be a stand-alone document, depending on what is being sold. In many cases, it is just the fine print on an invoice. In more complex transactions, it’s important to consult an attorney to develop a separate contract outlining rights and responsibilities.

Confidentiality Agreements

Also called a non-disclosure agreement, or NDA, confidentiality agreements are meant to keep confidential or proprietary information private. It can be easy to assume your business doesn’t have much in the way of “secrets” to keep, but the truth is that nearly all businesses do, even if it is just the private information of customers.

Website Terms of Use

Few businesses can succeed without an online presence. While a website is critical to marketing your company and the products or services you offer, it can also open you up to certain legal liabilities. Make certain you have a terms of use agreement between yourself as the site owner and anyone who makes use of your site.

Partnership Agreements

If you are going into business with another person, a partnership agreement will help keep your working relationship smooth. The purpose of this contract is to record how the partners plan to work together and their shared vision for the company. This should include important aspects such as the management structure, decision-making processes, capital contributions, profit and loss sharing, dispute resolution, and more.

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Contracts Counsel is a boutique marketplace that helps you connect with vetted contract lawyers near you. They can walk you through the full process, from determining which contracts you need to enforcing those contracts should something go wrong. Protect your venture with ContractsCounsel.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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As an attorney licensed in California and currently practicing remotely from Ohio, my primary focus is on drafting and reviewing prenuptial and postnuptial agreements. I offer help in drafting or navigating these agreements, ensuring they are tailored to each client's unique situation and needs. While my background includes experience in cybersecurity, my current legal services are centered around family law, particularly in the creation and revision of prenuptial and postnuptial agreements. Additionally, I provide services in wills and trusts, along with other legal areas, to offer comprehensive solutions to my clients.

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Erik J. Washington completed his undergraduate studies at Florida A&M University, where he earned his Bachelor of Science degree in Business Administration with a concentration in Finance. Mr. Washington went on to earn his Juris Doctor from Florida A&M University College of Law. Upon receiving his J.D., Mr. Washington was admitted to The Florida Bar and the United States District Court, Middle District of Florida. Mr. Washington started his legal career by working with a boutique Orlando law firm where his practice concentrated on family law, bankruptcy, helping clients with estate planning and probate matters, and advising homeowner’s association boards on proper administration. After that experience Mr. Washington later joined another mid-size Orlando law firm where he would eventually become the Managing Consumer Bankruptcy Attorney where he oversaw the filing and administration of hundreds of chapter 7 and chapter 13 cases. Prior to starting the Washington Law Firm, Mr. Washington was an associate at a Central Florida Bankruptcy law firm working under the tutu ledge of a highly respected bankruptcy attorney with over 20 years of bankruptcy experience. Mr. Washington has learned that bankruptcy is a tool designed that not only benefits a person in debt but is also good for the economy as a whole. It is because this new beginning and fresh start that it becomes a means of not only helping a person in debt, but it gives that person once in debt the chance to reestablish good credit and yet again borrow money to spend. Mr. Washington focuses on consumer bankruptcy, real estate, probate, and auto accidents.

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I have worked for over 20 years in the areas of family law, business formation, contracts and real estate law. In the area of family law, I represent clients in all areas of family law including child custody, child support, spousal support and marital property division as well as preparing prenuptial and separation agreements. I am experienced in real estate law, including commercial and residential leases, preparing various types of real estate related contracts. I am also experienced in business formation among other business law matters. I currently work in the area of grant management with the Small Business Administration.

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