Not all parties to contracts are created equal. In fact, more often than not one party to a contract may have considerably greater bargaining power and financial resources than the other party. This can give the stronger party an incentive to misbehave. So how can you protect yourself when you are the “David” in a David v. Goliath scenario? Consider using an indemnification clause to help level the playing field.
News & Resources
FH2’s Laura Arredondo-Santisteban featured in the Member Spotlight of the Georgia Hispanic Bar Association Newsletter (February, 2018)
The start of a new year provides a time to reflect on past successes and lessons learned. It’s also a time to chart the course ahead to achieve your goals. One important goal for any business is to protect the uniqueness and “brand identity” that distinguishes it from others. And, there is no more valuable asset of brand identity than a company’s trademarks and service marks.
There are a lot of factors that an employer must stay on top of to make sure his or her business is a success. Some of these are internal to the business (such as trying to produce and sell quality products and services while keeping costs down), while others require focusing on external factors (keeping an eye on trends in the economy and the relevant industry, as well as staying abreast of what the competition is doing). Given all this, it can be all-too-easy to give short shrift to an area of your business that is not only crucial to your success but also a minefield of potential liability and compliance issues – namely, your workforce and your employment practices.
“Additional terms and conditions apply” is a phrase we have all heard from a voice-over on a late-night infomercial hawking vegetable juicers or subscriptions to a knife-of-the-month club. But just what are “terms and conditions” and how are they different from a normal contract? How can you make sure that your business’s “terms and conditions” are binding and enforceable? What if you want to change your “terms and conditions” from time to time?