Guide My Business - Team

Guide My Business - Team Lauren K. Boyd, Esq. We help entrepreneurs find confidence in their legal foundation and own their brand. Book a consultation today!

What’s the best thing to do if the obligations of a trade are not met?Of course, this is something we’re trying to avoid...
12/20/2022

What’s the best thing to do if the obligations of a trade are not met?

Of course, this is something we’re trying to avoid, but when worst comes to worst and a trade doesn’t go as planned, a contract with clear expectations is PRICELESS.
WHY?

You must ensure that you have a clear guideline on how to handle these what-ifs.

It’s not superstition, but fact — the more proactive you are, the less what-ifs… and the less disruptive the what-if are when they happen.Here’s an example clause you could use to set a completion date for your trade (think of this as the safety net if milestones or other expectations are not met):

“In the event that any party doesn’t deliver the product or services as specified in this agreement by [blank] date, such party must either (1) fulfill their obligations to the other party within 7 days or (2) provide proportion monetary compensation to the other party in the amount equal to the loss within 3 days.”

This demonstrates the importance of establishing (and documenting) monetary values (and a means to calculate it based on percent completion).

So, if you’re trading services, ensure there's an hourly rate or a project rate with different milestones that allows you to break it down and track your time and progress.

But, if you’re trading goods, there should be a set quantity of tangible goods based on an agreed-upon unit price.

No matter how careful or strict you are, there will be that one or more who can potentially disrupt in creating a safe e...
12/15/2022

No matter how careful or strict you are, there will be that one or more who can potentially disrupt in creating a safe environment for the rest of your group.

Because of that, you have the right to terminate participants if they breach confidentiality, your communication policy, or any of the other terms and conditions within your Coaching Agreement.

Once proven that they really have violated your Coaching Agreement, you have the right to remove people immediately within your sole discretion and without a refund

Always remember that you’re a coach, and you’re here to lead. Part of leading and creating transformation is holding your participants to their commitments.

Have you ever bartered before? Bartering (aka: a trade) is when you choose to trade goods and services with another busi...
12/08/2022

Have you ever bartered before?

Bartering (aka: a trade) is when you choose to trade goods and services with another business.

Simply put, bartering when two businesses trade goods or services of EQUAL value.

In the context of entrepreneurship, this usually happens at the beginning of your entrepreneurial journey, when your business is young and on a tight budget.

Your trades shouldn’t just be handshake deals without any expectations or protections. Just because you're not “paying” for a product or service doesn't mean there’s not an energy exchange or true value in that exchange.

Raise your hand if you have ever been part of a trade 🙋🏽‍♀️

Boundaries are only as strong as your reinforcement 🔥Our rule of thumb – make it easier to reinforce your boundary then ...
12/06/2022

Boundaries are only as strong as your reinforcement 🔥

Our rule of thumb – make it easier to reinforce your boundary then it is to break it.

That's why our team each uses the following text shortcut (under Keyboarding in settings):

All we have to type it “byemail” and the following message is automatically populated in its place.

“Hi, thanks for reaching out. Friendly reminder Guide My Business observes a no texting rule with clients. Please send this to me via email ([email protected]). Email communication better allows our team to respond timely, more fully, and keep records of our conversations. I will be looking forward to your email.”

Did you know that there are potential liabilities associated with alcohol consumption at employer-sponsored events?In ad...
12/01/2022

Did you know that there are potential liabilities associated with alcohol consumption at employer-sponsored events?
In addition to common law theories of negligence, there’s a law called “social host” or “dram shop liability.” This law holds alcoholic beverage providers liable for injuries caused by intoxicated individuals (your employees).
SO, WHAT’S THE BEST WAY TO REDUCE THE RISK OF ALCOHOL-RELATED INCIDENTS?
Here are some things you can do:
👉 Consider holding the event at a restaurant or other off-site location
👉 Hire a professional bartender or caterer
👉 Limit the amount of alcohol to be served
👉 Provide alternative transportation
👉 Encourage your employees to look out for one another
👉 Determine if you can purchase insurance covering the dram shop law

What are the things you’ve been implementing or will do in your next party with your team?

If you’re enjoying what you are reading, feel free to join our email list and get first hand updates with our podcasts and new topics we’ll be sharing with you. 📧

Do you struggle with infusing terms in your contract  contracts into your onboarding process? Don’t worry, we got you! 😉...
11/29/2022

Do you struggle with infusing terms in your contract contracts into your onboarding process? Don’t worry, we got you! 😉

There are 5 important elements that should be pulled out of your contract and thoughtfully integrated into your process.

1️⃣ DISCLAIMERS
Disclaimers can be integrated in so many facets of your business (from marketing materials, consultations, and so much more) and the best part is, it doesn’t have to feel formal. Disclaimers are simply context — setting expectations and grounding your clients to understand the nature of your business relationship and how they need to show up.

2️⃣ CLIENT INFORMATION OR MATERIALS REQUIRED
If your services rely on information or material required before you start a project, then, this one is really important.

Before you begin with, you need to ensure that you have included a list (and description if necessary) of all the information or materials you will need. Then, give them a clear due date so you can create the magic you’re responsible for creating… without a rush!

3️⃣ IMPORTANT DEADLINES AND MILESTONES
Note important deadlines and milestones.

Your contract should mirror your most ALIGNED process – the way you want to work and not the way you’re currently working, so that you can set clear expectations and check-in along the way.

4️⃣ BOUNDARIES
It’s time to set boundaries like your office hours, communication preferences, and response times in your contract. Trust us – it’s a game changer!

Want to take this to the next level? Make the boundary easy to enforce. For example, since we have a no texting policy with clients, we have a template text message reminding them to email us, so our team can support them.

5️⃣ INTELLECTUAL PROPERTY LIMITATIONS
You need to let your clients be reminded of your rules, your intellectual property limitations and how they can use the content you’ve provided or created for them, whether they can publish it on Instagram, their website, or how to use it inside their business.

Remember: Your contract serves as a living document.

Comment down if you’ve been practicing these elements in your contracts.

If this post was helpful, SAVE this post for later!

Here’s a catch regarding legal updates that you should know about!  President Joe Biden signed last July 9th of 2021, an...
11/24/2022

Here’s a catch regarding legal updates that you should know about!

President Joe Biden signed last July 9th of 2021, an executive order on promoting competition in the American economy. This executive order encourages the Federal Trade Commission (FTC) to make it easier for people to switch jobs by banning or restricting non-competes.

Other than that, the EO seeks to address agreements that may unduly limit a worker's ability to change jobs. Mostly private sector businesses have required at least 30 million employees to sign non-competes — affecting construction workers, hotel workers, and blue-collar workers (not just high-level executives).

As it made sense to entrepreneurs about their investment in the employee, their intellectual property, their confidentiality, and their goodwill, FTC came to a point where they need to consider adopting rules that will “limit and curtail” Non-compete Agreements.

Since there’s still no concrete rules about this, what our team knows is that the federal government is attempting to preempt state law on non-competes.

The executive order doesn’t require any immediate action by employers, so rest assured, we’ll stay on top of these updates.

Feel free to join our email list and stay updated with our podcasts and new topics we’ll be sharing with you.

Does your podcast need a disclaimer? If there is liability associated with the content that you're sharing, a disclaimer...
11/22/2022

Does your podcast need a disclaimer?
If there is liability associated with the content that you're sharing, a disclaimer will provide the context to keep you properly protected.
Here is some disclaimer inspo 💡
EDUCATION AND ENTERTAINMENT PURPOSES
This podcast is for educational and entertainment purposes only. While I am not a medical, legal, or financial professional, or if any of my guests are, they are not acting in any professional capacity. None of the information or resources shared during this episode should be construed as medical, legal, or financial advice.

CONTENT WARNING
This podcast may contain discussion of {trigger}, so please take appropriate steps to protect your mental health and expectations.

Now that you have some disclaimer inspo, you may incorporate and see your podcast content if it’s applicable for you!

Did you know that a non-compete should be integrated with clear liquidated damages?Before we get into that let’s get fir...
11/17/2022

Did you know that a non-compete should be integrated with clear liquidated damages?

Before we get into that let’s get first of what liquidated damages are. Liquidated damages is a clause in a contract that says it will be hard for us to assess the true damages, so there will be an agreement stating the amount or calculation ahead of time.

There are two possible damages you can consider:
☝ THE PERCENTAGE OF REVENUE MADE BY DISREGARDING THE PROHIBITED ACTIVITY

✌ FLAT RATE PER DAY DURING THE BREACH

Both are good options however, the right one for your business will depend highly on the circumstances, your industry, and the impact the breach may cause to your bottom line.

Which among the two is most likely applicable for your business?

Ensure to give a clear message to your employees! ✅If you want to prevent liabilities for wages and claims for certain e...
11/15/2022

Ensure to give a clear message to your employees! ✅
If you want to prevent liabilities for wages and claims for certain employees (non-exempt employees) - first things first, inform them that their attendance is voluntary. It’s really up to them whether to attend or not.
There’s also a need to hold a party outside of normal business hours and refrain from engaging in any business matters during the event - this includes business speeches or distribution of bonuses or performance awards. There should be a distinction between work and social gatherings to avoid confusion.
Lastly, avoid asking your employees to perform any specific tasks or functions at the party for your benefit (as the employer). For example, no worker should serve alcohol during the event to avoid claims that the non-exempt employees were required to work off the clock.

This will give you peace of mind knowing that holding parties or social gatherings can be stressful.

What is the first step of buying a business?DUE DILIGENCE.Before anything else, there will be disclosure of confidential...
11/10/2022

What is the first step of buying a business?
DUE DILIGENCE.
Before anything else, there will be disclosure of confidential information on both buyer and seller – and your part might be disclosing confidential information like your financial capacity to fund the purchase or assume existing liabilities.
Between both of you, there should be a Non-Disclosure Agreement. It’s really important to have this beforehand as the seller is (justifiably) concerned that you're just going to come in and use this as a fact-finding mission to launch your own business.
From our experience with clients, the sooner you can get into the nitty-gritty details and begin due diligence, the sooner you'll understand…
Be sure to dive into:
👉 What liabilities will I need to assume?
👉 What’s the value of the assets (or debt)?
👉 What are the details of the contracts are in place?
From our experience with clients, the sooner you can get into the nitty-gritty details and begin due diligence, the sooner you'll understand the complexities of the business and whether it's the opportunity you expected it to be.
Doing your diligence now also sets you on the right foundation to scale the business and embody your new vision for the next chapter of your business.

Do you co-host your podcast? If so, KEEP ON READING!If so, there are intellectual property concerns that need to be docu...
11/08/2022

Do you co-host your podcast? If so, KEEP ON READING!
If so, there are intellectual property concerns that need to be documented.
It can include any of the following:
● Can either of the hosts use the content individually?
● What happens when you no longer decide to continue to host this podcast together?
● Who gets to keep the following (the podcast account)?
● Who gets to use the content?
● Will the podcast be deleted, or will it be hosted perpetually?
● Who will pay for the fees?

Of course, once you work through these… get it in writing!

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