Business protection can save your skin when someone is trying to rip you off, when things go awry on the job, when key personnel get sick, but it can't do much for you when you're legally obligated to a contract that you rushed into. This applies to everything from signing with a new wholesaler to making sure that you know what you're agreeing to when you get your new business credit card.
Before signing any contract, you should make sure that your legal team gets a good look at it. If this isn't an option for any reason, then there are certain red flags that you should watch out for on your way down to the dotted line. You're looking for any item in there that binds your hands in a way that restricts your rights. These, in particular, get snuck into way more contracts than you might think:
- A lack of accountability. You're looking for any item in the contract that essentially says that the person you're signing with assumes absolutely no responsibility whatsoever should something go wrong. We don't always look for this in a contract because we assume that there's no way it's legal to put this in a contract, but it's totally legal. All too often, we sign contracts that would put complete responsibility on ourselves no matter what the other party chooses to do.
- No legal recourse. Many contracts will have it that you go to arbitration rather than the courtroom, or they may force you to opt out of any possibility of a class action lawsuit. A lot of B2B providers will do this, ensuring that you're effectively not allowed to seek recompense or justice for any wrongdoing on their part.
- The only binding agreements are on your shoulders. There's never, ever a good reason to sign a business contract that does not hold the other party to any promises.
- Censorship. Ordinary non-disclosure agreements are signed all the time between employer and employee, attorney and client and so on. There's a difference between a contract that keeps trade secrets from getting out, and a contract that bars you from criticizing the other party or telling your side of the story should things go awry.
If you ever run into anything in a contract that you don't understand, talk to an attorney. If you don't have an attorney, ask any friend with some legal background. If this isn't an option, look it up online. Don't sign anything unless you understand it.
Source
http://www.faircontracts.org/content/meet-frog-hog