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James Malinchak Discusses Why Entrepreneurs And Speakers Should Always Secure A Contract

By Matthew Maxwell


Each time I speak on someone's stage or at their event, I need to get the chance previously to read the contract. It isn't because I think I am all that; it isn't because I think somebody is going to get me. I need to read the contract and have my lawyer read it first because I am protecting the assets of my business - me! That's right if you are a speaker, consultant, trainer, or any valuable piece of your company. Then, you are an important asset. Therefore, you have to protect yourself from harm, and you also must protect your business secrets, ideas, and contents from becoming someone else's property.

I realize that many people wish to accomplish things on a verbal agreement or perhaps a handshake. Nonetheless, in terms of situations in which you do not agree, not having a legal contract can kill you or cost you, and sometimes it will be both. For instance, a few days ago I had been requested to speak in an event. Because the event was on again, off again, it made things difficult to complete. After I reached the venue, I noticed that they had a brand new contract for me, one that I had not seen previously. I refused to sign it without my lawyer first previewing it. Of course, it made things uncomfortable for a few minutes, rather I be uncomfortable now then facing litigation or restitution for damages later on.

You see within the contract, it was clear that they wished for me to assume every liability if I were injured at their event. I do not need my attorney to know that if they do something out of negligence which causes me harm, I don't want to assume liability for that nor provide them with the ability to walk away from the responsibility of faulty equipment. For that reason, I refused to sign it. I became disappointed and frustrated, and willing to walk away rather than speak in that venue if their lawyer couldn't make changes or come up with another way to solve the issue. Again, I was not being difficult, I was making them take responsibility for not taking action for mailing the contract before I made the journey to their event.

Let me present you with another illustration of how agreements can save you as an audience member, too. At events, they often have you sign a waiver for utilizing your image. Fortunately, one of my clients had signed one in an event she attended because later when they said they were filming something in the event in which she did not agree, she removed herself from the filming location. Later on, she was told she appeared on the video to which she tried to avoid. Luckily, her waiver only gave permission for the venue at hand and didn't give permission for any other usage of her image. As a result, she was able to demand her image was obscured in order to avoid her having any link to a product to which she did not support.

As you can see, there are a lot of reasons to have agreements. The very best one is to make it clear of the expectations between you and the other party. For that reason, see agreements as a positive aspect rather than a negative aspect. They are there to protect you and also to safeguard other people. And finally they are there to protect your company and your assets, and your most important asset could just be you!




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