A: Yes. If you are having an event, every participant needs a liability waiver. This is especially important if the event includes activities that may result in someone getting hurt. Additionally, it provides you with an opportunity to disclose the possible hazards and an opportunity for the participant to make an informed decision regarding whether to attend and participate. Finally, even if you have a waiver, you will also want to supplement the waiver with insurance that will cover your event.
A: If you are considering using a template for your independent contractor agreement, you should view it as a starting point. It can be a good way of finding boilerplate provisions that are going to be in just about every agreement. Unfortunately, because they are templates, you run the risk of leaving out important details that may apply to your situation. Additionally, the template might not go far enough in protecting interests that you specifically need to have protected.
Think of it this way. Template agreements are usually so general, they will probably be valid in almost every state. Consequently, by being general, they usually leave out key details that would apply in your situation but not in other contractors' situations. You should always consider having an attorney review your agreement to make sure that the agreement meets your legal needs and that it is legally binding in your state.
A: There are many sources online that provide templates and cover the basic provisions for a contractor agreement. These provisions include, for example, scope of work, compensation, milestones and deadlines, termination, governing law, and dispute resolution. But there are many other provisions that may need special consideration and go beyond your typical boilerplate provisions. Therefore, it's always good to research any online source that provides templates and also consider contacting a licensed attorney in your jurisdiction so that you know your contract will meet the legal requirements of your state. Common online sources include Rocket Lawyer, LegalZoom, and Law Depot. You may also want to consider contacting your state's bar association. Many states have bar associations that can refer you to a licensed attorney in your area.
A: Here are a couple of items you should pay close attention to:
1. Be clear about what you are purchasing. There should be an itemized list of personal business property. You will also want to make sure that you have included digital and intellectual property assets. For each item, you will want to make sure that there are no liens on the property and that no one else has any ownership interest in the property.
2. Be clear about any non-compete provisions that you need to have in the agreement. The last thing you want is for the seller to open a competing office or become an investor in a competing practice that's right across the street from you and have your anticipated clients move to the new practice. You need to pay particular attention to how this provision is crafted, given that there are major concerns about restrictions such as non-competes. Additionally, some states have already banned non-competes for employees who are doctors, and the Federal Trade Commission is expected to vote on new rules concerning non-competes in 2024.
3. Thoroughly research and analyze the profit and loss statements, taxes, and employment records. Make sure you understand the cash flow of the operation. It's best to consider having an accountant review all of these documents.
These are just three things to think about when purchasing any business. There are many more. Hiring an experienced attorney is one of the best things that you can do to make sure that you are assessing the risks associated with the purchase.