You can't sue me!! We have an agreement!!

Yea, I was thinking more of an agreement. Despite the title of my post i'm not really worried about a lawsuit, I just don't want there to be any confusion between mmy clients and myself. Do you have any examples of the agreement you use that you would be willing to share?

1) Every situation is unique, however consideration in exchange for a good or service is the nature of the consulting service agreement in most of our cases (by our I mean us offline consultants); clearly communicate IN WRITING, the terms of service, the expectations of your client, the timeliness of the service, and the payment terms CLEARLY, in numbered sections and subsections.

Whether you call the paper document an agreement, a contract, or a retainer, it must spell out the remedies and recourse YOU will seek and YOUR Customer will be provided with, the terms of service, the terms of payment, the expectations and timelessness of the services you will provide, and of course the limitations of service as well (make use of the words ONLY in your agreement - for instance "Limited to Mobile site development ONLY").

2) Incorrect - the very nature of a contract is to have an enforcement mechanism by an enforcing authority, such as a Court, or Arbitrator - in fact, almost every contract I have written, reviewed, or edited has specific Authorities spelled out, such as Arbitrators/Mediators (extra-judicial authorities empowered with the enforcement mechanism but with the "advantage of timeliness and less expense"), some arbitration is Binding some is Not (binding means the decision is final and cannot be disputed or appealed).

There are limiting clauses and non-compete sections in certain agreements and contracts, especially when it concerns scientific, sales, or other endeavors, although usually this pertains to situations where something proprietary such as Intellectual Property is involved or some other tangible or intangible proprietary item may be at issue (sometimes this involves sales territories as well, but is of course not limited to the above). Again, this USUALLY involves an employer-employee agreement, and sometimes can be used with independent contractor scenarios when a specific IP or sensitive information is involved.

3) Don't confuse employment contract with consulting/services agreement, and do not complicate the issue - you need to protect yourself and you need a mechanism to get paid if your client is delinquent. Furthermore, if you want to have an enforceable agreement, you must be sure to responsibly be able to provide the services that you are offering to your client. It breaks both ways.

You need some kind of proof that the agreement was actually agreed to by the client/customer. "REDUCE IT TO WRITING." Sending an email to the customer is ok, but what if they never respond back that they received your email and the "agreed to terms" ? You cannot get away with "But Magistrate Lawperson, I sent them an email outlining the consideration in exchange for services rendered..." or whatever. Bring the agreement in with you, read it over to the customer, break it down in lay-terms, and sign off and provide them with a copy, have them sign off and graciously accept payment for your services. The best thing to do is explain how this agreement outlines the scope of your work and protects both the client and you in case something unforeseen happens. Make sure that the enforcing authority (Arbitrator/Court) has jurisdiction over the County that you reside in (SO IF You are taking a boilerplate agreement off of the internet, make sure that it is in WORD format, and make sure the modify the Section where the Enforcement of the Agreement is mentioned).

When having an agreement drafted, it is always wise to consult with an attorney who specializes in employment/vendor agreements.

Warmest Regards,

- JT

What a ridiculous load of crap... lol Pretty much everything written in
that post is incorrect. Please define the difference between an agreement
and a contract. Which one doesn't contain an offer that requires acceptance,
consideration and meeting of the minds? If both do how are they different?
Without all those elements how is either enforceable?

Please tell me where you learned that "most contracts are unenforceable by law."

OP... do yourself a huge favor and stop looking for free legal advice from
anonymous strangers on internet forums. Go talk with a lawyer.

If there is a real possibility of being sued, I'd consider having an actual lawyer write it up. It's expensive but at least you know it'll hold up if it goes to court.

the difference between someone out doing a hussle, and a real business. Can be used to separate you from your competition as well!