Service Agreements for Small Business Entrepreneurs

Do you sign your ๐ฅ๐ž๐ ๐š๐ฅ ๐œ๐จ๐ง๐ญ๐ซ๐š๐œ๐ญ๐ฌ without reading them first? ๐Ÿค”โฃ

Do you work with clients or biz partners ๐ฐ๐ข๐ญ๐ก๐จ๐ฎ๐ญ a contract in place? ๐Ÿ˜‘โฃ
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Ok, donโ€™t panic... Letโ€™s ๐ฅ๐š๐ฐ๐ฒ๐ž๐ซ ๐ฒ๐จ๐ฎ ๐ฎ๐ฉ a little bit! If you are a small business owner and you have (1) personal assets (car, house, bank accounts) or (2) business assets (inventory, IP, bank accounts), then itโ€™s time to put on your big girl pants and start ๐ซ๐ž๐š๐๐ข๐ง๐  your contracts. Yes, all of them. Yes, every page. โฃ Itโ€™s also time to start ๐ข๐ฌ๐ฌ๐ฎ๐ž-๐ฌ๐ฉ๐จ๐ญ๐ญ๐ข๐ง๐  in your business to understand where you may need contracts that arenโ€™t already in place. โฃThis blog post is about service agreements, but if you want to learn more about common legal provisions across many types of business contracts read our last post on that HERE.

Service Contracts (From Providerโ€™s Perspective)

In general, a service agreement defines and clarifies the relationship between 2 or more โ€œPartiesโ€, typically a service provider and a customer. The โ€œProviderโ€ may be a consultant, a contractor, a vendor, or any other entity that offers services. See below for some of the common provisions you will encounter (or may want to include) in service agreements for your small business:

- Provider Obligations (e.g. specific services to be provided (and whatโ€™s not included); adherence to industry standards; diligence, timeline, deadlines)

- Customer Obligations (e.g. payment terms- pricing, when due, how paid; if applicable, any purchase minimums; what happens if late payment; provision of materials or instructions; reimbursement for expenses (meals, travel, etc.)

- Confidentiality Protection

- Intellectual Property Ownership

- Diligence, Timelines (Including Deadlines)

- Term Length & Early Termination/ Cancelation Process

- Termination: How & Then what?

- Dispute Resolution Process (e.g. what happens if somebody thinks the other breached?)

- Distribution of Risk & Liability

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Feeling confused about contracts? Send specific questions to hello@startupheartup.com, and business lawyer Kae Gruner can provide information and examples via Instagram LIVE, blog posts, or otherwise!

P.S. Are you on Instagram? If so, join @startupheartup LIVE on Saturdayโ€™s at 10 am for our weekly series called #๐œ๐จ๐Ÿ๐Ÿ๐ž๐ž๐š๐ง๐๐œ๐จ๐ง๐ญ๐ซ๐š๐œ๐ญ๐ฌ. โฃLawyer @Kae_Gruner has reviewed, written, and/or negotiated over 1600 contracts in her career! Sit back with a cozy cup of coffee or tea, grab a pen and notebook, and learn how to ๐ฉ๐ซ๐จ๐ญ๐ž๐œ๐ญ ๐ฒ๐จ๐ฎ๐ซ ๐š๐ฌ๐ฌ(๐ž๐ญ๐ฌ) with Kae! โฃ Also coming soon: new episode on the Start Up Heart Up podcast all about contracts!! Subscribe so you donโ€™t miss it โœจโœจโœจ.

KAE GRUNER, FOUNDER, START UP HEART UP

Patent lawyer, deal-maker, & lover of ideas, Kae founded Start Up Heart Up with the goal to empower everyday entrepreneurs. Whether building a new business or starting a side hustle, Kaeโ€™s expertise in intellectual property and business law can help you bring any dream business from idea to launch