What Contracts do you need?

Then you need both Website Terms & Conditions & a Privacy Policy to protect your online content including intellectual property, set rules regarding the use of your online real estate, and let your visitors know what you do with their personal information and information collected from their visit. Implementing and following a Privacy Policy in your business is becoming increasingly important in light of cyber security issues, and resulting fines and penalties that the government can impose on those who don’t follow their Privacy Policies. If you are doing online business in the United States, a Privacy Policy is required by law unless you are specifically excluding customers or clients based in California.

Then you need a 1:1 Client Services, Coaching or Consulting Agreement to govern your relationship, provide clarity around your work, protect your intellectual property, and protect you from certain liabilities. When you treat your business like a business, your clients will take you more seriously as well. Elevate your professionalism with a well-drafted client agreement.

Then you need a Program Terms of Purchase that provides your clients with more information regarding your program, protects your intellectual property, outlines your refund policy, and limits your liability. You should not be selling anything online without Terms of Purchase in place – this is also the first thing a bank, merchant account or payment processor will request in the instance of a chargeback request or other payment dispute. Protect your business, and protect your sales with a properly drafted Terms of Purchase.

If you plan to work with other entrepreneurs on a project, (course, program or other short term endeavor – i.e. in contrast to a permanent business partnership), then you need a properly drafted JV Agreement to ensure that both parties are clear on their roles, their duties or obligations within the business relationship, any commensurate payment or compensation structures, as well as guidelines for how any disputes get resolved or the relationship gets terminated in case the scenario doesn’t work out, which happens often. Protect your business and your relationship with the proper documentation. 

Then you need an Affiliate Agreement to use with your affiliates, which governs the process by outlining the obligations and roles in marketing the product, program or business, defining how commissions are paid, and specifying any additional obligations of the parties. Did you know that you are on the hook for any violations of e-commerce laws, including email and telephone marketing, made by your affiliates on your behalf? Penalties for these violations range from $500 to $16,000 PER violation. This can equate to hundreds of thousands of dollars in penalties if you are actively engaging affiliates who are not abiding by these laws. Get protected! (Educate your affiliates through the use of a properly drafted Affiliate Agreement).

Then you need a Non-Disclosure or Confidentiality Agreement to protect your business ideas from being used or borrowed by others, to protect the relationship before final deal points regarding the partnership or joint venture are put in place, and to give you the freedom to explore opportunities with others without unnecessary worry.

Then you need a Certification Program Agreement to make sure you protect your IP, provide proper permissions (if you license the use of any of your content or materials), and put any necessary limitations in place regarding the use of your work in your client’s businesses.

Then you should be using an Independent Contractor Agreement to govern these work relationships, protect your work, your proprietary information including business systems, databases and client lists, and limit your liability. You should also understand how to properly manage the work relationship with your independent contractor so that you don’t open yourself up to liability.

Then you need an Interview Release Agreement to ensure you are entitled to use the recordings, content and quotes in your business as you see fit.

Then you need a Speaker Agreement to govern your engagement and ensure you are entitled to record your presentation, use video or photographs in future advertising for your business, protect your work and your business, and set yourself up for a successful speaking engagement by addressing additional terms that often slip under the radar until the day of the event.

If you do, then you need some additional disclosures on your website and in your marketing materials to ensure that you comply with FTC (the Federal Trade Commission) disclosure requirements. Keeping potential consumers properly informed and protected via complying with “truth-in-advertising” principles is critical to your business in these scenarios. 

If so, you should have a Featured Expert / Speaker / Presenter Agreement to cover all of the terms applicable to their presentation, and provide clarity and boundaries around the content, whether they can make a paid offer or promote themselves, etc. Better to address these specifics in advance to avoid any surprises or uncomfortable presentations to your community or group. 

If so, you need a Community Terms of Participation & House Rules document to make sure that you can manage the group according to your guidelines and remove people from your community or group if they violate the Terms. (Especially for paid programs, but applicable to free forums as well). 

If so, you need Online Giveaway Terms of Participation (as well as your website all buttoned up with The Website Protection Package, to make sure your site is properly covered with Website Terms & Conditions, a Privacy Policy (essential), and Terms of Purchase, as well as any necessary disclaimers, including an Income & Earnings Disclaimer if you are b2b.