Can You Afford to be an Entrepreneur?

Money Unfolding by CreditCafe.com from Flickr (Creative Commons License)

When I decided to launch this law firm, a good friend and fellow entrepreneur/lawyer warned me: “You’re going to need 6 months’ worth of money and 12 months’ worth of patience.” He was right. Fortunately, I had nearly 3 months from deciding to opening my practice until our first day in business, which gave me time to research and formulate my offerings and tap into community and professional resources to get my business off the ground.

Other entrepreneurs aren’t that lucky. They may not have the time and/or money to consult counsel prior to launching a new venture. Even on a condensed time frame or on a shoestring budget, your legal needs should be part of the discussion and plan.

Full-Time Venture Needs Financial Backing
If you want your new venture to be your full-time job, you need to be prepared for the potential financial strain that comes with that undertaking if you don’t have a spouse or other income supporting you in the meantime. You may have the gift of time, but you can only operate your business as long as you have income or savings to cover your bills. I don’t recommend jumping into a new venture without some type of financial safety net.

For entrepreneurs starting with a side hustle, you have the opposite issue. Your regular job can pay your bills while you develop your business, but it limits how many hours you can work. And depending on your circumstances, you job may not provide much money to put towards your business after paying your bills.

Make the Business Fund Itself
While every business needs some seed money to get started, make your business fund itself. When you decide to start a business, make a list of all the services, equipment, and supplies you think your company needs. Then step back and categorize each item as “Must Have” or “Nice To Have.” Ask a trusted colleague or friend to review your list and challenge you on what you need.

Many businesses don’t need much to get started. When I started this firm, I only needed an LLC, client contract templates, computer, scanner/printer, website, email address, phone number, and business cards. I gave myself a limited budget for supplies, bar dues, and to pay for my LLC and my accountant, and after that, I didn’t buy anything for the business until the business could afford it. (Even if my personal account could afford it, I made myself wait until the business could afford it.) It forced me to be scrappy, creative, and thoughtful about how I spend my money. It’s something I recommend to other entrepreneurs, including seeking out low-cost and free options when appropriate.

Prioritize
I regularly receive emails from people who need help with the legal side of starting a business, and some of them claim that they can’t afford an hour of legal services. Sometimes I wonder if these entrepreneurs didn’t do any research into the expected costs of a consult, contract, or trademark when creating their business budget. (When people can’t afford my firm, I’m happy to provide referrals to other options and/or tell them what things they can do themselves – like filing an LLC with the Arizona Corporation Commission. The forms and instructions are online.)

A fellow entrepreneur suggested that these potential clients don’t see value in paying for quality legal services. That sounds plausible. Many new entrepreneurs are focused on their expected success that they don’t want to ponder the what-if scenarios. In many ways, quality contracts and other legal services protect you when things go wrong. You often don’t need to rely on them when things go right.

My recommendation for all new entrepreneurs is to meet with a business accountant and a lawyer to make sure you’re starting out on the right foot, and that you understand the legal implications of your venture. If you have questions about business needs, you can contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

Copyright Notice Done Right

Copyright Notice on Burn

Last weekend, I watched a documentary, Burn, about the Detroit Fire Department. (It’s an intriguing documentary film about these amazing people and how the economy’s crash impacted these firefighters and their community.)

As a lawyer, one of the things I liked about this film was the simplicity of its copyright notice. It had the standard FBI and Interpol warnings (which play through while I’m grabbing a snack), but this last notice caught my eye. It said, “This copy of ‘Burn’ is licensed for Private Home Viewing Only. Any other use is prohibited.” The notice went on to state how to request permission for other uses.

One of the complaints about the use of legal verbiage in everyday life is that it’s often too long to be worth reading, it’s filled with complicated legalese, and it’s in a tiny font. (How many times have you accepted the terms on a site without reading it?) This notice combats everything that’s wrong with the current systems:

  • It used plain language.
  • It was short.
  • It was readable.

A ten year-old could read this and understand what it means. I have never met a ten year-old that’s tried to read the FBI warning before watching a movie.

This notice made me smile. I wish more creators do things like this when declaring their rights and informing others how to seek permission for different uses. Sometimes complicated legalese is necessary, but generally not in mundane situations. Legalese in everyday life should use everyday language.

I’m an advocate of writing contracts and notices in plain English and keeping them as short as possible while still being effective.  If you have questions about your copyright and contract needs, you can contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

B2B Contracts Don’t Work in a B2C World

“Rabo Bank” by bertknot from Flickr (Creative Commons License)

Over the years, I’ve seen a number of entrepreneurs try to adapt a B2B contract template to use in their B2C business.* This is like using a hammer to tune a piano – they’re using the wrong tool for the job. I just doesn’t work. Entrepreneurs who have B2B clients or B2C clients have similar needs when it comes to their service contracts, but the nature of the relationships are drastically different. (The reverse is also true – don’t try to adapt a B2C contract for use with B2B clients.) There are several reasons to not use a B2B contract with B2C clients:

You’re Going to Scare Your Clients
If your clients are Joe Average people, not entrepreneurs, a heavy-duty business contract is going to scare the bejezus out of them. I would be worried that they will be intimidated or confused by the verbiage.

A contract is a relationship management document. The purpose is to put everyone involved on the same page. Ideally, your contract will have all terms outlined in a single document so that either side can refer to it when they have a question. And contracts don’t have to be in legalese to be effective; I recommend using plain English and keeping the terms short and simple whenever possible. The goal is to prevent confusion, not create it.

A well-written contract can build rapport with your client. An effective contract will lay out the value you’re giving them and provide security in regards to how you perform the scope of work. A poorly-written or confusing contract may make a client apprehensive about hiring you.

Unnecessary Provisions
There are provisions that may be essential in a B2B contract that would be absurd to include in a B2C contract template, such as an independent contractor provision. I’m pretty sure the Smith family knows when they hired you to take their portrait, that they knew they weren’t hiring you as an employee. Likewise, non-solicitation and non-compete agreement would be bizarre in a contract for consumers. The nature of the relationship often doesn’t warrant provisions like this.

When I write a contract template (B2B or B2C), I start by trying to envision the full relationship between the parties, how they’re going to interact, what each side is giving and receiving from the relationship, and what my client’s pain points and concerns are. That gives me a starting point for writing an effective contract that fits their needs and addresses common problems in advance.

The Value of B2B Contracts for B2C Companies
There’s nothing wrong with an entrepreneur using a B2B contract as part of their research for what they might need for their business. It can provide ideas for what terms or phrasing they may want to use. Additionally, there are some terms that are frequently found in B2B and B2C contracts, such as scope of work, payment, intellectual property, and dispute resolution. Note: even when the headings in the contracts are similar, how the provisions are written may vary vastly based on the needs of the situation where they are used.

If you need a contract for your business, don’t just use a contract from a fellow entrepreneur. Instead, if you get a template, have a lawyer review it to make sure its suitable for your needs. They can also fill in gaps in your provisions and ask questions you didn’t think to consider. And if you have business that does B2B and B2C work, consider using different contract templates to suit the needs of your clients.

A contract template is an investment in your business. If you sign a contract and later regret it, you may be stuck in that situation. If you have questions about your contract needs, you can contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

*B2B = Business to Business
B2C = Business to Consumer

Staying Out of Trouble on Facebook Live

Selfie by Reyes Blanch from Flickr (Creative Commons License)

Facebook Live is one of the more recent developments in live video streaming on the internet. When used properly, it’s a lot of fun to get a real-time glimpse into someone’s life or a breaking news situation. It has value, but it also has its place.

The Same Rules Apply
Legally speaking, the rules that apply to Facebook Live are the same rules that apply to live video apps. In 2015, I wrote a post about the legal dos and don’ts of Periscope. Those same rules apply to Facebook Live.

The challenge with live video . . . is it’s live. You can’t edit a live performance, so if you do something inappropriate or illegal, assume someone saw it, recorded it, and you may have to face consequences for it later. If you’re not jumping on Facebook Live to show a newsworthy event in real-time, I recommend you take a minute or two before you go live to think about the scope of want to talk about, what topics or language are out-of-bounds, and when you’ll know to stop the recording. This is especially true if you’re distraught or experiencing extreme emotions. If you’re especially upset, it may be better to wait a few hours until you’ve calmed down or record your thoughts without being live.

Playing Music on Facebook Live
A friend asked about the legalities of playing music during a Facebook Live broadcast. The rules that apply to radio stations, retail stores, and cover bands apply to a person who is live streaming. If the music is not in the public domain, the copyright holder has the right to control where their music is copied and played. Facebook Live is likely a public performance, so even if you own a copy of the song for personal enjoyment, you can’t play it publicly without a license. In these situations, the only person who can come after you for infringement is the copyright holder. If they don’t know or don’t care about what you’re doing, you may never get in trouble. (Of course there is an exception for someone who uses Facebook Live to give commentary or criticism of the music – that may be protected by fair use.)

Think Before You Post
As always, think before you post/broadcast yourself. Once you put something out there, you can never fully take it back. What seemed like a good idea in the moment may be tomorrow’s regret, with long-lasting implications. Last summer we saw the disturbing Facebook Live video of a Georgia mother beating her 16 year-old daughter. The woman wasn’t charged with assault, but I wonder what will happen the next time she applies for a new job and the news stories (with video) from this incident dominate the results when prospective employers search for her name.

These are my rules of thumb when it comes to posting anything on the internet:

  1. Don’t post anything online that you wouldn’t put on the front page of the newspaper.
  2. Assume everything you post will be seen by four people: your best friend, your worst enemy, your boss, and your mother. If you don’t want to one of those people to see what you’re thinking about posting, don’t say it.

The laws that apply to the internet is an area of law that is constantly developing as cases are decided and new statutes are added to the rule book. If you want additional information about the legalities of social media, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. You can also contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

Avoid Litigation: Contracts and Timing

Water wheel close-up by Edward Webb from Flickr (Creative Commons License)

The most efficient way I’ve seen to avoid problems in a business contract situation is to set up the relationship between the parties in such a way that each side is forced to perform to get what they want from the other side. Just like a water wheel feeds the machine that keeps the wheel turning, the parties should be compelled to give the other side what they need.

Contract = Relationship Management Document
A contract is a merely a document that outlines a relationship between parties – what each side must do, and what they get in return. Every contract should have a dispute resolution provision that outlines how the parties will resolve problems if they occur. In a perfect world, the parties will never need to resort to this clause.

While a good contract will have a thoughtful dispute resolution clause, a great contract will structure the parties’ relationship in such a way that neither side can fathom breaching it.

Structure the Relationship to Feed Everyone’s Needs
When I begin work on a new contract, I ask my client to paint me a word picture of the people involved and the relationship between them. I try to understand not only what each side is giving and getting, but also their motivations.

One of the obvious potential problems in a contract relationship is that one side will perform their part to the benefit of the other, and the other side doesn’t reciprocate as required in the agreement. This may be situation where one side takes your money and runs, or conversely, you do work for your client and they don’t pay you after they’ve received your work product.

The best way to avoid this situation is to set up the work flow so that each side doesn’t get what they want until the other side has done what they promised to do. For many entrepreneurs who are professional creatives, I recommend that they write their contracts to state that the client won’t receive the final product until their bill has been paid. Likewise, for photographers, I recommend that the contract state that the client won’t see the proofs until they’ve paid for their shoot in full.

Please Pay Here by Steven Depolo from Flickr (Creative Commons License)

Real Life Example
I recently worked with a graphic designer who is a smart entrepreneur with a brilliant contract. I’m creating my first online course and hired her to create the logo. Per our contract, I paid 50% up front and she got to work. She designed me a brilliant logo that fits the course and my personality. She said she’d send the final files when she received the balance.

That email came at the beginning of a week when I wasn’t home where the company checkbook lives. I told her this and she said she didn’t mind waiting until I could send payment. (Did I mention she’s a friend?) I was happy she held her boundaries to make sure she got paid before she sent the final work product. It’s not that I wouldn’t have paid her, but it was the right thing to do as a business owner.

If you choose not to write your contract with these provisions, you may be in a situation where you have go after the other side for payment or performance, possibly hiring a lawyer to write a demand letter, or taking the other side to court. If it’s a relatively low-dollar amount, you may end up in small claims court where you may get a judgment in your favor, but you still need to collect and the amount of time and energy involved to go through the process may make you question whether it was worth it.

This is why a good business lawyer is an investment for your business. They can see the potential pitfalls in your business and help you avoid them and advocate for your rights when necessary. If you need help with writing a contract that fits the needs of your business, you can contact me directly or a social media lawyer in your community. I post about these issues on TwitterFacebookYouTube, and LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

Private Online Groups May Not Be Private

Child’s Playhouse, Bayreuth, Germany by Dave Shafer from Flickr (Creative Commons License)

I was contacted by person who claimed to be a member of a private Facebook group. She asked if she had any options for recourse when another group member used statements from her post in another article online. This group member also used a pixelated version of the person’s Facebook profile picture. According to the person, she wasn’t recognizable in the altered image, but she feared people could figure it out if they compared to her profile picture to the pixelated one.

No Expectation of Privacy in Online Posts
To anyone in this type of situation, I’m sorry to dash your hopes for vindication, but in most situations, there is no expectation of privacy in what you post on the internet – especially on social media, regardless of the privacy settings. It’s too easy for someone to create a screenshot, save, and/or share a post. Moreover, you never know who is looking over a user’s shoulder or with whom they’ll share their screen when they’re viewing your post that is meant for their eyes only.

This is true even when an online group is labeled as “private” or “closed.”  In many private or closed Facebook group, other members can invite outsiders to join or a new person can join if their request to be added is approved by one member of the group. Even though a private group is meant for a limited audience, post with care. You never know where a post will end up. This is why one of my rules of thumb for the internet is “Don’t post anything online that you wouldn’t put on the front page of the newspaper.”

If You Want Real Privacy
If you want to have a private conversation, keep it offline with your closest confidants or someone with who you have a confidential relationship (e.g. doctor, lawyer, therapist, priest). In a professional setting, have a written non-disclosure agreement(NDA) where everyone is contractually obligated to maintained your confidences.

Even I use NDAs. I have certain people, where when we sit down for a drink, we start the conversation by saying, “Standing NDA” and we know nothing said between us will be shared with outsiders.

The Internet is Not a Place for Privacy
If there are times when you want to speak online while maintaining a level of privacy, you can reduce the risk of being connected to a statement by using an online alter ego. If you go this route, be prepared to be unmasked and live with the consequences at any time. You may use an IP address or post something that will give away your true identity.

If you want a resource regarding the legal dos and don’ts about the internet, including additional information about online privacy, please check out The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. If you need legal help regarding internet privacy, you can contact me directly or a social media lawyer in your community. I post about these issues on TwitterFacebookYouTube, and LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

Make Sure Your Contracts Make Sense

Drawing on Parchment by Hilke Kurzke from Flickr (Creative Commons License)

One area where many entrepreneurs struggle is understanding contracts or creating custom contracts to fit their needs. Contracts are essential for every entrepreneur, but there are nothing to be afraid of. The best way I know to describe them is they are relationship management documents. They keep everyone involved in a project on the same page and hopefully are written in a way that lays out and meets everyone’s expectations and needs.

Map Out the Relationship
Before I begin writing a contract for a client, I ask them to explain the lifespan of the contract and the expected interactions between the parties. I want to have a clear mental picture of the relationships between the people involved and the expected timeline they will follow during their working relationship, including how they will address common problems in that type of work or industry. The better I understand the interactions between the parties, the easier it is to draft a contract that fits their needs, whether it’s a custom template or a contract for a specific situation.

I recommend everyone involved in a contract do the same – with a timeline, flow chart, or an outline. This will help you clarify for yourself what your expectations are, and you can use this as a guide to make sure your contract addresses all your needs and concerns.

Compare Your Vision to Reality
Once you have a contract that matches the way you envision the relationship working, compare the terms of the document to reality. If your contract template states that payment must be made within 30 days of sending the invoice but you know you’re working with a company that takes 60 days to pay invoices, no matter who they’re form, change your contract so it matches their process.

Likewise, worst-case scenario situations to make sure your what-if provisions make sense. In many contracts, I write a provision that states that disputes will be resolved in litigation. However, if you’re in a situation where a client didn’t pay for a project and owes you $1,000, it may not be worth it if you have to file a claim in small claims court, get the person served, and then go after them for payment if the court renders a judgment in your favor.

In that type of situation, it may be better to write the contract to state that the client won’t get the final work product until their bill is paid in full. The dispute resolution clause can still mandate litigation, but chances of you having to go to court to get paid drop if the client won’t get what they hired your to do until you get paid.

Contract Disputes – Your State, Your State’s Laws
Every contract needs a provision that states how the parties will resolve problems when they occur. This should include where the parties will resolve problems (e.g., Superior Court of Maricopa County, Arizona) and that the parties consent to this venue (in case you’re dealing with an out-of-state client). It should also include which state’s law governs the contract. Whenever possible, you want your contracts to state that all problems will be resolved on your turf and under your state’s laws.

Ideally, your contracts, especially your templates, will be written or reviewed by a business lawyer to ensure it is valid and complete. If you sign a contract that is legal, but has terms you later realize are not favorable to you, there may be nothing you can do to change them. Your contract should also be written in plain English so the parties involved can easily refer to it throughout their working relationship without needing their lawyers to translate the legalese.

If you want to connect with me and my experiences as a contract writer, you can contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

Trademark Rights in Website Domains

Business Entrepreneurs by Airsoftpal.com (Creative Commons License)

I regularly get questions about whether a person should use a business name based on whether their desired website domain in available. There is also the reverse – if a company has a registered trademark, is it a deal-breaker if you want to use a similar name for your business? For example, if a company has a registered trademark for The Ooga Booga and the domain theoogabooga.com for their children’s book series, does that mean you can’t have the domain, oogabooga.com for your business?

Ooga Booga is my default fake trademark when describing trademark concepts. As of this writing (3/5/2017), no one has a registered trademark in the U.S. for “Ooga Booga.”

Two Parts to a Trademark
There are two elements to every trademark – the mark itself and the product or service with which you are using it. It’s possible for two different companies to use the same trademark so long as the products and services with which they are using it are so different that no consumer will be confused about what they’re buying. That’s why it’s possible to have Delta Faucet, Delta Airlines, and Delta Dental. No one would think these products and services come from the same company.

Do your Homework when Selecting a Domain
When it comes to selecting your company or product name and the corresponding domain, be thoughtful. Do you some searches to see if other companies have similar domains and how they are using them.

If you see someone using a domain that is similar to yours, or a product or company domain that has a corresponding registered trademark, it’s not necessarily a deal-breaker for your business plans, but you may want to do further research. There’s nothing wrong with two companies have similar websites as long as you have a legitimate reason for using it and you’re not violating the other company’s rights.

Let’s say you wanted oogabooga.com as your website, examine the difference between your product or service and the registered trademark for The Ooga Booga. They sell children’s books; so as long as your product or service isn’t in the arena as children’s entertainment, education, or related products, you could be ok. Most likely, no one will think that your affiliated with this other company if you’re selling something like wetsuits, wine, or financial planning services.

If you’re in a situation where you don’t want other companies having a similar domain as yours, spend the money to buy these other domains. It’s cheaper and easier to have a slew of domains related to your product rather than invest time and money monitoring, sending cease and desist letter, or pursuing other legal action against these other companies.

Only the Trademark Holder is a Threat
The good news in this type of situation is only the person who owns the trademark or other intellectual property rights can go after you for suspected infringement. If they don’t know or don’t care about what you’re doing, you face any legitimate legal threats.

Of course, when in doubt, consult a trademark lawyer to discuss your thoughts about your business or product name and website domains. If you’re interested in discussing your trademark needs, you can contact me directly or an intellectual property lawyer in your community. I regularly post about legal issues impacting entrepreneurs on TwitterFacebookYouTube, and LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

More Information about Trademarks:

Photo credit: Airsoft Pal

Joy of Customized Partnership Agreements

Dúo by Hernán Piñera from Flickr (Creative Commons License)

A contract is a “relationship management document.” A well-written contract should put everyone involved on the same page and protect both sides. A contract should provide clear explanations to help the parties avoid confusion and prevent problems. It’s an effective way to document the priorities and goals in the relationship.

You can put anything you want in your contract as long as it’s legal. (I’ve written a legitimate contract where one party had to attest that they are “a sexy bitch.”)

The Roommate Agreement: The Epitome of Customized Agreements
One of my favorite contracts is the Roommate Agreement between Sheldon and Leonard on The Big Bang Theory. It’s a perfect example of how contracts can be customized (and how important it is to define words in your contracts.) Here are some of my favorite provisions of the Sheldon-Leonard Roommate Agreement:

  • Once a day, Sheldon must ask Leonard how he is (even though Sheldon doesn’t care).
  • No “hootennanies”, sing-alongs, raucous laughter, clinking of glasses, celebratory gunfire, or barbershop quartets after 10.p.m.
  • If one friend gets super powers, he will name the other one as his sidekick.
  • If one friend gets invited to go swimming at Bill Gates’ house, he will take the other friend to accompany him.
  • Once a year, Leonard and Sheldon take one day to celebrate the contributions Leonard gives to Sheldon’s life, both real and imaginary.
  • One friend has to put up with the other’s craziness. (Yes, we know: Sheldon’s not crazy. His mother had him tested.)

I love this contract. Not only is it hilarious, it shows what a contract can be.

My Partnership Agreement
If I owned a business with a partner, we would have the best owner’s agreement. Besides the provisions about how we were going to resolve deadlocked votes when a unanimous decision is required and the division of administrative tasks, we’d customize our contract based on our personalities and priorities. Here are some provisions I’d advocate for:

  • We won’t use vendors who are known to be sexist, homophobic, racist, or who treat their workers poorly.
  • No jerks. This applies to vendors and customers who want to hire us.
  • Our office will always be dog-friendly.
  • If we’re driving somewhere together, Ruth doesn’t have to drive.
  • There is only one way to say “data” correctly in Ruth’s presence.
  • If you’re sick and contagious, stay home. Keep your germs to yourself.
  • Neither owner is allowed to do their own taxes. Let the professionals do them.
  • We will have a monthly meeting to discuss the state and future plans for the company. If either owner is 10 minutes late or more, they have to buy the other lunch.

When I write partnership agreements, operating agreements, and bylaws for companies, I have a set of questions I make my clients answer to assist me in drafting a contract that fits their needs. One of the questions is “What else do you want me to include?” and I encourage my clients to be thoughtful and creative, based on their needs and their goals for their business.

If you’re interested in getting a custom contract, you can contact me directly or a business lawyer in your community. I regularly post about legal issues impacting entrepreneurs on TwitterFacebookYouTube, and LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.

Time is Scarcest Commodity of Entrepreneurship

Shadow by Martin Lopatka from Flickr (Creative Commons License)

Being an entrepreneur is one the most challenging and rewarding things I’ve done in my life. I have almost total autonomy over the type of work I do, and I get to hand-pick my clients. I get to write books, speak at conferences all over the world, and develop new products. Although my work allows me to be involved in creative projects, the one thing I can’t create is more time.

As an entrepreneur, I feel like I’m constantly running against the clock. There are only so many hours in the day, and every time I accept an invitation to an event or take on a new project, there are other opportunities I have to decline. I’ve also learned that I have to allow enough time to do basic things like rest; otherwise, I’ll get overwhelmed, short circuit my system, and crash-and-burn where I’ll need several days to recoup.

The older I get and the more complex my projects get, the more selfish I’ve become with my time. I’m grateful to have a receptionist who screens my calls and makes people contact me via email to set up appointments. The reason for this is simple: when it’s your turn, you’ll get my undivided attention; when it’s not your turn, you don’t get to distract me from my work. Every distraction is a potential delay. So, the fewer distractions, the more I can get done, and the more people I can help in the long run.

One of the biggest frustrations I have to deal with is people who waste my time, especially when I’ve set aside time for them, or worse, arranged my entire day around the expectation that they would meet a deadline or arrive for an appointment. I often run a “tight ship” when it comes to my schedule, so a delay can throw off the rest of the day. I’ll have to rearrange my calendar – and often not just for that day – and if I get angry on top of it, that can be really hard to shake off.

I had such an experience recently – a contractor working on my condo was more than an hour late for our appointment. He was supposed to arrive between 8:30 A.M. and 9:30 A.M. – and he didn’t show up until 10:30 A.M., and he didn’t call. While I waited for him, I channeled my frustrated energy into drafting a contract template where the parties agree to respect the other’s time and the penalty for wasting my time is paying me (at my hourly rate) for the time they wasted. (Yes, I had another lawyer put a set of eyeballs on this contract to verify it was legally sound. He said he was going to steal it to use in his life.)

This is a contract I want to use with all service providers moving forward. I wrote it to put everyone on the same page from the beginning of the professional relationship, where both sides commit to being on time for the other person. They acknowledge that I’m an entrepreneur, and as such, when they waste my time, they interfere with my ability to make a living.

This agreement is not as bitchy as it may sound on its face. I have to commit to following their policies for scheduling and rescheduling appointments too, and there are allowance for some delays – hitting every red light, etc. If it’s a situation where insurance is involved, it requires them to let me know two hours before my appointment time if there are any issues with getting the right approvals, so I’m in the loop, and perhaps it’s something a call from me can rectify.

Besides augmenting my service contracts with this mutual agreement to respect the other’s time, I want to bring the Law of Two Feet back into my life with a vengeance. If my needs aren’t being met wherever I am, or in whatever I’m doing, I have permission to peace out and do something different. It’s been a while since I’ve walked out of a meeting, but it’s something I may have to start doing more often.

One of the things I love about writing contracts is they can be customized for your needs (as long as the terms are legal). If you’re interested in getting a custom contract, you can contact me directly or a business lawyer in your community. I regularly post about legal issues impacting entrepreneurs on TwitterFacebookYouTube, and LinkedIn. You can also get access to more exclusive content that is available only to people on my mailing list, by subscribing here.