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I work with a lot of creative business owners and even though my clients span numerous industries, I’ve noticed some common legal issues for coaches, creatives and consultants that leave them vulnerable. 

1. Scope Creep

If I had a dollar for every time I've spoken to a creative client about the pain points they face due to scope creep, I'd be a wealthy woman. Scope creep is real, and it can be a significant issue if not managed properly. It occurs when the boundaries of a project expand without proper documentation and consent, leading to extra work that wasn't initially agreed upon, often without additional compensation. 

2. Using Templated Legal Documents

Too often, I see business owners taking shortcuts by using templated legal documents. While templates might seem like a quick and affordable solution, they don’t offer the comprehensive protection needed. There is no one-size-fits-all approach to legal documentation and relying on generic templates will leave you exposed. Templates don't consider the unique aspects of how your particular business operates, they don’t adequately address payment terms, scope of work, client relationships, or the specifics of your industry.

3. Lack of Solid Processes and Systems

Another major issue creatives face is the lack of solid business processes and systems. This problem often compounds when paired with poorly tailored legal documents. Without a clear understanding of how to implement these documents correctly, creatives run the risk of non-enforceable contracts and disputes that may not have a clear resolution.

LINKS:

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

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Our interactions are becoming more digital every day. 

For many of us in business, this means transacting in a digital or electronic way with our clients. 

A question I'm asked all the time by my clients is whether having their clients sign their agreements electronically is legal.

Today, I’m diving into this topic and explaining the differences between digital and electronic signatures, when they’re okay to use and the circumstances in which they normally aren’t.

For most service-based businesses, sending out client agreements or cost disclosures and requesting an electronic or digital signature is generally lawful and binding.

However, there are exceptions. Certain documents require a more traditional form of signing. These exceptions often involve contracts dealing with land, commercial leases or agreements necessitating a witness. Although some digital platforms like DocuSign can be used under certain conditions (e.g. a witness present via Zoom), this depends on the specific document and the legislation in place.

While there's a steady shift towards accepting digital and electronic signatures for basic contracts and memorandums of understanding, some traditional requirements persist as the law catches up with our changing world. 

The bottom line is that for most straightforward service agreements and terms and conditions, digital and electronic signatures are lawful and practical. But, best practice is: if you’re unsure, ask!


LINKS:

Resources mentioned: 'Briefing Notes' Email Signup

Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/save-time-sign-online-is-it-legal-to-sign-digitally

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

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DIY is for Bunnings, not legals.

I say this for good reason: the amount of business owners using templates in order to save money is more than a little eye-watering. 

I understand that with all the costs involved in running a business, there’s a certain allure to the convenience and cost-effectiveness of legal templates.

But trust me, after over 12 years as a litigator, I've seen just how badly things can go. You name it, I’ve seen it - and I don’t want this to happen to you. 

So to help you avoid getting caught up in any legal disputes, I want to take you through four crucial things that templated legals often miss - as well as the potential fallout if these gaps are left unaddressed.

1. Personalisation and Professionalism

Templates tend to miss one key factor time and time again: personalisation and professionalism. When crafted correctly, your legal documents can be one of the most powerful tools your business has. They protect your business, exceed client expectations and foster positive word of mouth.

Generic templates loaded with legalese about "aforementioned clauses" won't cut it. Ask yourself: how proud are you to send out your current legal documents? Do they reflect your brand accurately?

2. Industry-Specific Tailoring

Another significant shortcoming of templated legals is the lack of industry-specific tailoring. Stock templates you find online are likely to be generic, containing only basic terms around the parties, the agreement, and payment schedules. Your business is unique, and your legal documents need to be explicitly tailored to reflect that.

This covers things like what constitutes a variation and how additional costs will be handled. Without these tailored provisions, you risk misunderstandings, delayed payments and misaligned expectations.

3. Warranty Clauses and Liability Protection

The third overlooked area in templated legals is the inclusion of adequate warranty clauses and liability protections. The warranties you offer and the extent of your liability should be specifically outlined based on the services you provide. Generic warranties and liability limitations from templates just won’t cut it. If your legals are not properly tailored to your industry and specific service offerings, you leave yourself open to potential legal issues.

4. Enforceability

Last but by no means least, enforceability is a critical aspect that templated legals frequently lack. It's all well and good to have legal documents, but if they’re unenforceable, they’re as good as useless. Key provisions might be missing, or the sequencing might be incorrect, making it difficult to rely on these documents in disputes.

In the end, hoping for the best or sticking your head in the sand isn't a viable strategy when it comes to legal protection. Solid foundational documents are crucial to any business: you're not going to ask your builder to skimp on the foundation of your house to save a few dollars, so why do the same with your legals? 

LINKS:

Resources mentioned: 'Briefing Notes' Email Signup

Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/4-things-your-templated-legals-could-be-missing

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

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Think back to when you started your business. I bet you were full of excitement, and nervousness. 

So maybe, like a lot of people, you looked around at successful businesses and decided to follow their lead. It makes sense, I mean if it’s working for them, it should work for you too, right? Wrong.

When you look at another business, you’re only seeing the surface.Even if things look good from the outside, you can't be sure their methods are strategically or legally sound, and copying them could set you up for trouble.

One common mistake I see is in the sequencing of contractual documents and invoices. For example, tools like Dubsado make it easy to send a proposal that, once accepted, automatically generates an invoice, and then the client receives the contract.

While it might seem convenient, it’s not compliant with Australian Consumer Law, and doing so can invalidate your agreements. As a service provider, you must provide your terms and conditions or agreement before your client decides to engage you. If you later need to rely on those terms, they won’t be enforceable because the client didn’t agree to them upfront. This small sequencing error can have big consequences. 

Each business is unique, and what works for one might not work for another. I work closely with my clients to ensure that their onboarding processes, documentation, and service delivery sequence are customised to suit how their unique business operates. Not only does this keep you compliant with the law, but it also reduces misunderstandings with clients.

 Another mistake I see comes from businesses selling services online—think courses, memberships, or subscriptions. The business owner gets so excited to launch that they send out the sign-up link before having the necessary terms and conditions in place. They often think they can apply these terms retrospectively, but that’s far from the truth.

Participants must have the opportunity to read and agree to these terms before paying for the service. If you miss this step and need to play catch up, you’ll have to offer refunds to those who disagree with the terms subsequently introduced. So, make sure your terms and conditions are properly in place before any sales or sign-ups occur.

The message here is simple: copying their practices without professional insight can leave you exposed to legal risks and undermine your professional credibility. Take the time to invest in professional advice to ensure your business is not just legally compliant but set on a path for sustainable success.

LINKS:
Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/just-because-others-do-it-doesnt-mean-its-right

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

Join me on Instagram here

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Adrenal fatigue, poor health, burnout - three struggles that many female business owners, including myself, are all too familiar with.

If you’re a woman in business, it’s likely you’ll have experienced one - or all - of these symptoms of hustle culture. The question is, why do we accept the pressure of working ourselves into the ground as the norm? 

It’s been a long time coming, but I was finally able to sit down with Kate Addamo, a dear friend and exceptionally talented business mentor, for a chat on the podcast. 

Simply put, Kate is a woman looking out for other women. Her dedication to helping women flourish is underpinned by a focus on health and wellbeing, driven by her own experience with both physical and mental health struggles. 

Kate shares with us her refreshingly holistic approach to business growth, as well as insights on how to move from barely hanging on to thriving as our authentic, unique selves. 

One-on-One Transformation

We hear about her dedication to one-on-one mentoring in an era where group coaching and masterminds are all the rage. Chosing to focus on individual transformation, Kate believes that magic happens in personalised interactions, a commitment she’s seen yield remarkable results time and again.

Meeting Women Where They Are: The Flourish Package

Kate’s work is incredibly multifaceted, and nowhere is this more evident than in her “Flourish” package, a bespoke journey tailored to each woman’s unique situation and aspirations.

Whether they're navigating motherhood, moving or any other major life transition, Kate works to build up the individual behind the business, aiming to ground her clients in their own version of success rather than someone else’s.

Challenging the Hustle Narrative

We all know how pervasive hustle culture is on social media. It’s all too common to feel pressured into scaling up businesses to achieve massive turnovers. But Kate offers a different perspective—one that values slowing down, reassessing and focusing on what truly matters. She encourages women to define their own success, even if it means downsizing or restructuring their business models. 

A Holistic Approach to Business and Life

From dealing with severe adrenal fatigue to making significant lifestyle changes, Kate understands the importance of balance and strives to help other women achieve it in their own lives. We talk about the detrimental effect of operating solely in our masculine energy, and how learning to be nurtured is crucial if we want to create longevity in our businesses. 

By reassessing what success means to you and taking your unique path to get there, sustainable success in business can be yours - and all without the burnout! 

LINKS:

Connect with Kate:

Website: https://kateaddamo.com/ 

Instagram: @lifeandbusinessinflow 

Podcast:Life & Business In Flow

Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/what-it-really-means-to-flourish-in-business-with-kate-addamo

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

Join me on Instagram here

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When it comes to topics I talk about regularly, I often assume that everyone has already heard me say it. There are insights and ideas I speak on often not just with my clients, but also on the podcast.

However, the truth is, when we’re sharing content, not everyone catches every piece. 

So today, I’m thrilled to share five key things you should know about me before we work together. 

Whether you're a new client curious about my process or someone who's followed me for a while but wants to understand more deeply, this is for you. I address some of the most frequent questions I get from clients and clarify my working style and values: 

1. I Get Involved

First things first, I want you to know that when we work together, I get involved. My approach is collaborative; I'm not the lawyer for you if you're looking for someone to simply draft documents without any input from you. To create truly effective legal documents, I need to understand the intricacies of your business. We’ll have conversations, and I’ll ask you lots of questions to make sure your documents are tailor-made for your specific needs.

2. I Don’t Haggle on Fees

The second key point is that I don't haggle on fees. My pricing is based on the value I provide and is structured in a way that’s transparent and predictable. You’ll always know upfront what you're paying for; there are no surprise invoices. I believe in a value-based fee structure because it aligns with the integrity and quality of service I aim to offer. I don't think small business owners should undervalue their services, and I follow the same principle.

3. No Templates

Thirdly, I will not sell you a template. I strongly believe that DIY templates don't belong in legal matters. Each business is unique, and cookie-cutter solutions won't provide the protection or functionality you need. Instead, I'll work with you to create documents that are customised for your business. This ensures they're robust and tailored specifically to what you need.

4. I Treat Your Legals Like My Own

Next on the list, I will treat your legal documents as if they were my own. This means I take the time and effort to ensure they are absolutely perfect. I don’t believe in a “one size fits all” approach. I’ll get to know you and your business deeply to create stellar documents that serve you well.

5. I Build Long-Term Client Relationships

Finally, I rarely work with clients as a one-off engagement. I genuinely love what I do and care deeply about the businesses I work with. This often results in long-term relationships where clients feel comfortable calling me for advice as their businesses evolve. My goal is to be a trusted advisor who enriches your business journey and helps you avoid potential pitfalls.

I hope this episode is helpful if you’re thinking of reaching out to or working with me, and that you now have a better understanding of who it is that I am. I encourage you to come visit me over at Instagram if you have any questions about what we spoke about today.

Happy listening! 

LINKS:

Episode Website: here

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

Join me on Instagram here

Send us Fan Mail

Today on the podcast, I’m thrilled to welcome Sofia Bernardi, a mindset and business coach known for her refreshing honesty and dedication to helping her clients. In our conversation, Sofia shares invaluable insights into her journey, the importance of mindset in business and the frequent pitfalls coaches encounter when focusing on scaling their businesses.

Voted as one of the top 30 coaches to look out for in 2021 by the New York City Journal, as well as building a million dollar business by the age of 26, Sofia strives to help women build confidence and create sustainable businesses. She does so with a methodology underscored by simplicity, authenticity and scalability. 

Mindset is Key

Sofia believes that 80% of our success lies in our psychology - also known as mindset. She shares her own journey of starting her business at 22, where she felt inadequate to call herself a business coach. What gave her the ability to overcome her self-doubt were the tools she’d gained through personal development. She encourages us that even without having achieved huge milestones in our careers, adopting a mindset of self-belief and clarity can hugely support us to grow. 

Common Mistakes Coaches Make

Having learnt a lesson or two in what not to do in business, Sofia shares the mistakes she personally made when starting out, and ones she sees many other business owners struggle with. She highlights the dangers of dabbling in too many strategies and the myth of instant gratification and instead believes in the importance of consistency and focusing on what feels right for the individual. Sofia's advice: simplify your approach, choose one or two strategies that feel right and natural to you and commit to them with consistency. 

Avoiding Burnout and Maintaining Balance

Burnout is a critical issue for many, especially women who juggle multiple roles. Sofia shares her framework for avoiding burnout, which includes staying organised, delegating tasks and creating a business that aligns with your ideal life. She emphasises the significance of putting personal priorities first and letting the business fill in around those priorities. By focusing on alignment and balance, Sofia believes entrepreneurs can achieve long-term success without sacrificing their well-being

Sofia is a beautiful soul and extremely generous in sharing the insights she has gathered through her experiences. She makes things really simple for us as business owners, and I know you’ll be as inspired as I am to embrace your uniqueness and do what’s right for you in your business.

Listen in and get ready to learn all about building a simple, scalable business that supports a life you love. 

LINKS:

Connect with Sofia: 

Website:       https://sofiarosebernardi.com/ 

Instagram:  @sofiarosebernardi

Podcast:       Rising Coaches with Sofia Bernardi

Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/the-biggest-mistakes-coaches-make-with-sofia-bernardi 

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

Join me on Instagram here

Send us Fan Mail

Competition in business isn't necessarily a negative thing. In fact, it's a crucial aspect of the marketplace. Clients and consumers deserve choices, and honest and good faith competition is something I genuinely believe in. 

Knowing who your competitors are and staying informed about industry trends is wise. It’s just good business - and being aware of what others are doing can even open the door for potential collaboration. However, there’s a big difference between taking inspiration from other businesses and flat out copying. That is certainly not okay. 

Dealing with Dishonest Competition

Unfortunately, not all competition is fair. There are instances when competitors might copy your work, mimicking your efforts to advance their own business. While imitation is often said to be a form of flattery, I completely disagree. Copying someone's hard work and presenting it as your own is just wrong, and today's digital age makes it easier for such unethical behaviour to occur.

If a competitor is copying you, it's crucial to stay focused on your own business. Don’t allow this to consume you or derail you from your own business goals because getting distracted will incur a bigger cost on the business than the copying itself. 

Be Confident and Anchored to Your Why

Always remember your business's mission, vision, and unique selling points. Stay focused on your values and continue serving your clients to the best of your ability. The truth of the matter is that anyone who copies your work is only demonstrating that they have no originality and they will not stand the test of time. Stay in your lane and keep focussed on your why.

Stay Informed

Keeping your finger on the pulse with industry trends and knowing what your competitors are up to is good business practice. This way, you can discern whether a situation is genuinely harmful to your business or whether it’s something that you can shake off. 

Stay Focused

Don’t be consumed by what your competitors are doing. By keeping your focus on your business, you’ll ensure that you're not distracted from the important activities that generate revenue and really push the needle forward.

Understand and Protect Your Intellectual Property

Make sure you understand your intellectual property including trademarks and copyrights. Protecting your unique ideas and original work can deter competitors from copying you outright and resolve issues swiftly if or when your copyrights are infringed.

Don't Go It Alone

Having a reliable support system is invaluable in business. This could include your business lawyer or a team of advisors who understand your business's intricacies. When issues arise, discussing them with trusted individuals can help you develop a strategic response and give you peace of mind for how to move forward.

Competition is inevitable in business, and it should be embraced when it’s fair and ethical. However, understanding how to deal with less honourable competitors is equally essential. By staying confident, informed, focused, and legally protected, you can navigate the challenges that arise without letting them derail your business success. 

LINKS:

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

Join me on Instagram here

Send us Fan Mail

Coaching can be an immensely valuable service for a business owner. Over the years, I've had some fantastic experiences with coaches who made a significant impact on my business journey. However, as the coach, it's crucial to make sure that you are running your business with an unwavering commitment to risk mitigation. 

If you’re a long-time listener, you would have heard me talk about why a risk mitigation strategy is critical for small businesses. In today’s episode, I’m focussing specifically on how to protect your coaching business, focusing specifically on your legal documents, often referred to as your coaching agreement. 

The Importance of Tailored Agreements

A coaching agreement is a vital document that outlines the terms of your service engagement with clients. It should be specific to you and drafted with your unique business in mind. This contract should include:

Your services: What you do and how you do it.

Exclusions: What you don't do.

Payment terms: How you get paid.

Termination clauses: Your policies on ending the contract.

Disclaimers and Liability Clauses

The most critical parts of a coaching agreement are the disclaimer and liability clauses. These are the sections that will truly protect your business.

Disclaimer Clauses: These clarify explicitly what you are not promising to do, which guarantees you are not making, and what you are not responsible for. This clear communication gives your client absolute clarity about what you are not offering, which helps to prevent misunderstandings and misaligned expectations.

Liability Clauses: These outline what you, as the coach, will not be responsible for. They limit your liability and define very clearly what you undertake to do. Knowing where you're liable and how to limit that liability is crucial.

Why Templates Won’t Suffice

If you’re tempted to use a template or copy someone else’s agreement, think again. Templates do not take into consideration the nuances of your specific business and, in most cases, won’t cover you against risk. You won’t know whether these documents work as intended until you need to rely on them, and by then, it might be too late.

Ask yourself these questions:

Do you have a tailored coaching agreement aligned with your business operations?

Are your disclaimer clauses and liability provisions adequate and correctly worded?

If the answer is no to any of these questions, it's time to consult with a business lawyer or reach out to me for a discussion. Ensuring you have the proper documentation in place will provide the confidence and peace of mind you need to serve your clients effectively.

LINKS:

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

Join me on Instagram here

Send us Fan Mail

Since launching my business I’ve seen business growth play out in many different ways. Sometimes it’s fantastic, with businesses taking off and flourishing. However, sometimes it doesn’t end so well. Some businesses have folded, others have suffered considerable losses—both financially and in terms of infrastructure.

So, why does this happen? When growth occurs too quickly it becomes unsustainable and overwhelms the business. Today I want to share my five tips for navigating fast business growth and overcoming the common hurdles.  

1. Ensure You Have the Right Business Infrastructure
Rapid growth can strain a business's infrastructure if it's not set up properly. Take the time to think about all the components of your business that keep things running smoothly - your people, skills, services, digital marketing, bookkeeping, financial management, and advisory team. There's no shortcut here! You need to take the time to think about all the cogs in your business machine. It can be the difference between sustainable growth and disaster.  

2. Master Your Financial Management
With growth comes increased revenue, but with increased revenue comes increased expenses, pressures, and liabilities. The best way to guard yourself is to connect with a bookkeeper and/or accountant who can help manage your finances. Even if you can manage your finances yourself, that doesn’t mean you should. Delegating these tasks lets you focus on your zone of genius.

3. Solidify Your Processes and Systems
Growth will test your business operations and without strong systems in place, cracks will start to show. Think about your client engagement, onboarding, service delivery, invoicing, revenue tracking, and expense management. These areas can make or break a business in times of rapid growth.  

If you’re not sure whether your systems and processes can handle increased volume, now is the time to reassess and strengthen them. Consult your accountant and business lawyer to help you identify weaknesses and make the necessary adjustments.

4. Focus on Team Acquisition and Retention
Rapid growth brings pressure and challenges that can overwhelm a business. For long-term sustainability you need a team you can rely on. Evaluate your current team, both employees and contractors, to ensure you have the necessary skills covered.  Do you have the right people in the right places? Are you leveraging their strengths effectively? By addressing these questions now, you can avoid issues down the line. 

5. Keep Up with Contracts and Agreements
During periods of rapid growth, it's easy to let contracts and agreements slide as you focus on immediate demands. It might seem like a necessary risk at the time, but it can cause major complications for your business. Take the time to prepare your documents now, so you're guarded against misunderstandings and misaligned expectations later on.

Fast business growth can be exhilarating if you’re prepared but devastating if you're not. By focusing on these five areas, you can set your business up for sustainable growth and long-term success! 

 
LINKS:

Episode Website: 

https://tmsolicitor.com.au/rise-up-in-business-podcast/my-top-5-tips-for-navigating-fast-business-growth

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

Join me on Instagram here