I do a lot of contract reviews for clients, and what I see in these agreements covers a wide range. Yet, my clients frequently say the same thing: they don’t like dealing with contracts and feel nervous about it because they’re worried about reading them incorrectly. That fear typically translates into procrastination or anxiety about the agreements.

Even though contracts can differ greatly, I usually tackle them using the same step-by-step process. If you’re the type of business owner who doesn’t love reviewing contracts and you want to feel more comfortable, then tune in to today’s episode. In it, I talk about how to review contracts like a lawyer.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

 

In this episode:

[01:06] - Before diving into the topic, Danielle makes an announcement about the podcast.

[03:08] - Danielle discusses the first step she uses when reviewing contracts: outlining your expectations.

[04:08] - What questions should you ask yourself when considering prior contract discussions?

[04:54] - Your contract strategy plays an important part in your outline.

[05:46] - Once your outline is done, step two is so much easier to complete. How you do so depends on personal preference.

[06:34] - Beware of falling into this trap during step two. It’ll save you time.

[07:48] - Danielle talks about the process and considerations for step three.

[08:56] - If you choose to use the PDF format for your contracts, you could hit this speed bump.

[09:53] - This is the step that makes most people feel particularly nervous. Danielle offers reassurance.

[10:44] - Follow these action steps when reviewing your contracts.

 

Links & Resources:

Episode 41: “How to Handle Contract Revisions”

Businessese

Liss Legal

Creating a legal strategy is very similar to creating a business plan. You’re just putting an emphasis on fitting legal into your overall business strategy. Even so, you need to have a strategy for different aspects of legal too, depending on your needs and the type of business you have.

In this episode, I take a look at a particular legal sub-strategy: developing your contract strategy. While the idea of having this kind of strategy may seem advanced, it really isn’t. I discuss what it is and who needs one, the areas for consideration of what to include in one, and how a contract strategy affects your business.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

 

In this episode:

[01:29] - Danielle quickly recaps episode seven: the steps you need to follow when creating a legal strategy for your business.

[03:26] - Before diving into what a contract strategy is, Danielle discusses who needs one for their business.

[03:52] - What’s a contract strategy? It’s fairly straightforward, and Danielle explains what it should cover.

[04:38] - Here’s what to consider when it comes to the types of agreements you enter, for now and in the future.

[05:52] - Consider the tone of the agreement as well. Do you need something formal or with plain language?

[07:44] - What provisions do you insist on having in your contracts? And conversely, what types of provisions are off-limits for you?

[09:01] - When deciding on your contract provisions, take this important aspect of your business into consideration as well.

[09:50] - How will you handle the actual contract creation process?

[10:47] - Involving an attorney may depend on your comfort level and capacity as a business owner to deal with contract creation.

[12:46] - What tools will you use to implement and manage your contract strategy?

[13:48] - Danielle briefly talks about how having a contract strategy in place can impact your business.

[15:00] - What happens if a client resists following your contract strategy? You can build potential responses to resistance into the process.

[16:17] - Danielle ends the episode with action steps you can take today.

 

Links & Resources:

Episode 7: “Why You Need a Legal Strategy”

HelloSign

Dubsado

Businessese

Liss Legal

As a service-based business owner, you know you need contracts. But which ones do you really need? I received this question when I asked a handful of service business owners what they most wanted to know about legal. And it’s a good one, so I dedicate this week to answering it. For this episode, I focus on contract needs for service-based business owners. Even if you don’t categorize your business that way, you’ll probably still need a few of these agreements too. I discuss the necessary contracts and some of the most important terms to include in them.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

 

In this episode:

[02:05] - For the purpose of this episode, Danielle discusses how she defines a service-based business.

[03:11] - The first agreement is essential for all service business owners.

[04:43] - Not every service-based business needs subcontractor agreements, but here’s what you need to know about them.

[06:58] - Make sure you include these terms in your subcontractor agreement.

[08:18] - Danielle illustrates the difference between contractor and subcontractor agreements.

[09:25] - What terms should you cover in your contractor agreements?

[10:30] - Danielle talks about ongoing service contracts and why they need to be considered separate from contractor agreements, despite some similarities.

[11:24] - What should you look at in ongoing service agreements?

[12:20] - This last contract type may not apply to every service-based business, either.

[13:51] - Danielle provides today’s action steps to end the episode.

 

Links & Resources:

Episode 8: “When Do You Need a Contract?”

Episode 18: “Client Agreements for Service Business Owners”

Episode 43: “Working with Subcontractors”

Businessese

Liss Legal

What role does your contract play in your service-based business? This might be something you haven’t really thought about. So often contracts are viewed as just a necessity, stating the terms or protecting the business in case a client relationship sours.

While contracts are something you should have for your business, I don’t think entrepreneurs use them to their full potential. In this episode, I want to expand your thinking about contracts and discuss how they’re an underutilized tool service business owners can use for proactive problem-solving. I cover how I apply this in my own business for clients and discuss how to use your contract to solve issues that come up surrounding payment, communication, and scope creep.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

 

In this episode:

[02:41] - Contracts serve as a tool to proactively troubleshoot issues with clients. Danielle discusses what that looks like in practical terms.

[04:16] - Danielle shifts focus to types of problems you can solve with your contract before they arise, starting with payment issues.

[05:21] - Many service business owners also use payment terms to ensure that this scenario doesn’t happen.

[06:39] - Potential problems can arise related to communication issues.

[07:18] - How can you set proper expectations about communication with clients in your contract?

[08:18] - Danielle talks about another potential problem area similar to communication issues: non-responsive clients.

[09:42] - Having backup contact information can be a way to solve a lack of communication problem between you and a non-responsive client.

[10:16] - Danielle addresses scope creep, a common issue for many service-based entrepreneurs.

[11:55] - What’s the best way to ensure scope creep doesn’t happen? Here’s a simple solution and how to enforce it.

[12:48] - Danielle wraps up the episode with some action steps.

 

Links & Resources:

Episode 9: “Contracts: Money & Getting Paid”

Episode 28: “Managing Drafts and Client Approvals”

Episode 38: “How to Avoid Scope Creep”

Businessese

Liss Legal

I love master service agreements (MSAs) as a tool for service-based business owners! Many types of businesses use them. But service business owners can benefit from them, because it gives them the ability to easily incorporate future projects with ongoing clients into the same contract.

In this episode, I talk about how you can save time, money, and stress with a master service agreement. I also go over the key pieces of a master service agreement and how it’s different from a client agreement, managing your MSA, and the benefits of converting your current client agreement into an MSA.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

 

In this episode:

[02:26] - Master service agreements for service-based entrepreneurs have a couple of key pieces.

[03:34] - Danielle gives a hypothetical example of what an MSA with statements of work (SOWs) can look like.

[04:45] - How is an MSA with SOWs different from the terms in a typical client agreement?

[05:32] - If you work with larger companies, MSAs are almost always preferred and make the process so much easier.

[06:41] - Danielle explains how to construct an MSA if you need different terms for different project types.

[08:09] - What if you want to convert your current client agreement to a master service agreement?

[08:56] - Danielle discusses how to logistically manage your master service agreement.

[09:58] - How can an MSA save you (and your client) time?

[10:47] - Danielle reveals how a master service agreement can save you money.

[12:03] - When you have ongoing clients, MSAs save you a lot of stress.

[12:37] - Follow these steps to start saving yourself time, money, and stress today.

 

Links & Resources:

Episode 18: “Client Agreements for Service Business Owners”

Businessese

Liss Legal

I often help draft client agreements for new small business entrepreneurs through my law firm. One of the things I talk with them about is what their process for obtaining clients looks like. Understanding that, I can better recommend how to best structure their client agreements.

In this episode, I talk about how to manage your proposals and contracts, if you are using proposals in your client acquisition process. You’ll hear about how a business proposal differs from a contract, what to include in your client proposals, and how to address your proposal in your contract.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

 

In this episode:

[02:20] - What is a business proposal? Danielle first addresses this key point and uses her law firm as an example.

[04:27] - How should you differentiate between your proposal and your contract? Danielle briefly overviews what goes into a proposal.

[05:40] - Danielle provides clues as to what else you should include in your proposal.

[07:24] - If proposals make sense in your business, many tools exist to help you. Danielle mentions a few of them.

[09:09] - You might be wondering about this when you send proposals to clients.

[09:43] - Danielle discusses a couple of options for addressing your proposal within a contract.

[11:24] - Make sure that the terms in your contract and proposal match each other.

[11:55] - Danielle provides an overview of what the typical proposal-to-contract cycle can look like.

[12:48] - Follow these action steps to manage proposals and contracts in your business.

 

Links & Resources:

Bidsketch

Proposify

Dubsado

Pitch Perfect Proposals by Small Business Boss

“Business Proposal Ideas to Win More Clients” by Small Business Boss

Marketing Queen - Crystal Dove

Episode 18: “Client Agreements for Service Business Owners”

Businessese

Liss Legal

Many companies use giveaways as a way to market their products and services. But, “giveaways” aren’t actually a legal term. Instead, they are usually a contest or sweepstakes. And, there are a lot of laws that can impact your business if you host this type of promotion. 

In this episode, I discuss what a giveaway is and how to protect your business if you host one, including what you need to include in the official rules and regulations. I also talk about how to handle certain social media platforms when marketing your giveaway.

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

 

In this episode:

[02:24] - “Giveaway” isn’t a legal term, so you have to determine exactly what you mean by it. Are you running a sweepstakes, contest, or lottery?

[04:06] - The laws that apply to giveaways can be complicated, and there’s no single federal law to cover them all. You also need to be aware of the FTC’s rules.

[05:19] - Danielle discusses the different laws that apply to contest and sweepstakes promotions.

[06:30] - Some states like Florida, New York, and Rhode Island have additional requirements.

[07:36] - Most states require that a business disclose the material terms of the promotion (a.k.a. the official rules and regulations). These also protect you from liability.

[08:33] - What should you include in the official rules of your giveaway? Danielle reveals what you need if you’re running a sweepstakes.

[10:21] - If you’re running a contest, your rules should have everything you’d include for a sweepstakes in addition to these couple of things.

[11:32] - Running a contest requires you to look at intellectual property in these two ways.

[12:54] - Danielle gets into some of the legal language clauses that come with running a giveaway.

[14:01] - How should you handle different social media platform requirements when hosting and promoting your giveaway?

[16:07] - Danielle recaps the steps you need to take to legally host a giveaway.

 

Links & Resources:

Episode 44: “FTC Disclosures”

Episode 45: “Using Testimonials”

Facebook Terms and Policies for promotions

Instagram Promotion Guidelines

Pinterest Guidelines for Community and Advertising

Guidelines for Promotion on Twitter

Snapchat Promotions Rules

Tiktok Terms of Service

Businessese

Liss Legal

Business owners make a regular practice of using testimonials in their marketing. Many businesses also ask customers to leave reviews on public third-party platforms like Google, Yelp, or Facebook. 

The goal is to capture those positive experiences to help attract more clients and customers. But these public reviews also mean you’re opening yourself up to criticism and negative reviews. 

How should you deal with negative reviews? In this episode, I look at this from a couple of different angles based on questions I’ve been asked before. Can you legally prevent the posting of a negative review, and can you threaten to sue to have one taken down? Let’s dive into it!

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

 

In this episode:

[03:18] - Can you legally prevent someone from leaving you a negative review?

[03:51] - The Consumer Review Fairness Act (CRFA) protects honest consumer assessments. Danielle discusses what used to happen before its enactment in 2016.

[05:18] - What does the Consumer Review Fairness Act cover?

[06:01] - The CRFA does allow you to manage certain types of content in reviews.

[06:50] - What if someone leaves a dishonest review? Instead of fighting to get it taken down, you can try this instead.

[07:01] - Danielle reveals one important thing to note about the CRFA.

[08:19] - Can you take certain actions against someone who posts a negative review on your own platform or website? The CRFA doesn’t cover this, but the FTC has a clear position.

[08:51] - Danielle discusses the recent settlement agreement between the FTC and Fashion Nova that precipitated the FTC’s position.

[10:00] - Can you threaten a lawsuit to remove negative reviews left on a third-party platform? If you’re considering it, keep these things in mind.

[12:17] - Danielle reveals your action steps for today.

 

Links & Resources:

Episode 45: “Using Testimonials”

Businessese

Liss Legal

Legal Marketing Review is common for big businesses with in-house legal teams. In this episode, I'll be discussing what smaller businesses need to know. 

Just as you want your marketing to help you stand out from your competition and help you sell your products and services, you want to make sure you’re covered legally. So think of legal marketing review as a process to make sure your content is compliant and says what you want it to say, from a legal perspective. 

I’ll cover who needs legal marketing review, how the process works, how I conduct it for my clients, and a common question I hear from people when they first consider getting it done. 

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

 

In this episode:

[02:18] - Danielle describes how she ensured that her website marketing aligns with her core values.

[02:55] - Do you view disclosures as having a negative impact on your business and sales? View them this way instead.

[04:16] - Danielle discusses who needs to conduct a legal marketing review. One group in particular has become very skilled at it.

[06:36] - Legal marketing review can happen at any point, but the review usually happens somewhere in the middle of the copywriting process.

[07:08] - What should you consider during legal marketing review? Look at testimonials in your marketing with these parameters in mind.

[07:59] - Small businesses should also look at their claims, both implicit and explicit.

[08:56] - Danielle gives a behind-the-scenes look of what happens when she does a legal marketing review.

[11:14] - Can you do your own legal marketing review? This particular question comes up a lot.

[11:53] - Danielle mentions some other important areas of consideration regarding conducting legal marketing reviews yourself.

[12:57] - Ask yourself these questions and follow these tips as your action steps for today.

 

Links & Resources:

Episode 47: “Marketing & the FTC”

Businessese

Liss Legal

With all the talk about complying with the FTC over the past few episodes, it should come as no surprise that the organization also has guidance on money-back guarantees. Money-back guarantees are a heavily used sales tool and, sometimes, they honestly make me cringe. 

In this episode, I discuss how to structure money-back guarantees. You’ll learn about the most common money-back guarantees and how to create better, compliant policies. 

Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts!

 

In this episode:

[02:29] - Danielle starts the episode with a short review of the Federal Trade Commission’s primary goals.

[03:25] - Don’t make the mistake of thinking you can get around FTC compliance with selective language!

[04:21] - As long as you follow the FTC’s rules, you can put parameters on your money-back guarantees.

[05:00] - Danielle describes the most common money-back guarantees she sees in the online business space.

[06:16] - How do you build better money-back guarantees? Danielle’s #1 recommendation is pretty simple.

[07:33] - Do this if you get customer complaints about your money-back guarantee.

[07:59] - Make sure any time-based conditions are well-defined. Danielle illustrates why.

[08:58] - Danielle provides an example of how you can structure a 14-day money-back guarantee for an offer like an online course.

[09:27] - Proof-based money-back guarantees are the most complicated. How do you lessen the chances of yours becoming a problem?

[11:01] - The show wraps with your recommended action steps.

 

Links & Resources:

Businessese

Liss Legal