All business
relations should be sealed with a signed contract that
memorializes all pertinent agreements. The contract should offer
protection to all parties.
Do's and
Don'ts:
Do not leave
out a clause in the hope that the other party won't catch it -
if the agreement does not actually represent what was agreed
to the contract could be voidable.
There
must be consideration flowing to each party.
Do note the legal jurisdiction where any interparty
litigation will reside.
Do note the mailing address of each party - this is where
all legal communications would be sent.
Do note that the contract is the "entire"
agreement and that any amendments, additions etc. must be made
in writing and agreed to by both parties. - don't make any
oral agreements that are not covered in the contract.
Don't have one attorney represent both parties. If one party
is not represented by legal counsel do note that said party
acknowledges that said party was advised of the right to
separate counsel. Each party should have their own counsel.
Do provide "outs" should either party not perform
as agreed. Normally, formal notice by the aggrieved party to
the non-performing party at the appropriate address listed,
noting specifically and in detail the non-performance with a
time to "cure".
Do note the date of the agreement and any termination date.
Do have contract signed, witnessed and notarized. These are
not necessarily fatal flaws to enforcement of the contract but
are clearly preferable.
The
legal information provided is for general information only, and is not
meant to be specific advice for your problem. Accurate appropriate legal
advice can only be obtained through a consultation with an attorney.