Agreements

Information & Benefits:
The following information and benefits is what distinguishes us from other online providers.

Consideration
Always try to identify and describe the consideration given in exchange for each party's rights. (Adequate consideration is a benefit or detriment which a party receives which reasonably and fairly induces them to enter into the agreement.)

Restrictive Covenants
Depending on the nature of the relationship between the parties, it may be wise to include restrictive covenants which offer parties statutory remedies for violation of their terms and often prevent another party from unfairly competing against or disclosing confidential business information. As always, ensure any such restrictive covenants are within statutory parameters.

Covenant Not to Compete To prohibit one party from unfairly competing against the other. Very often, specific statutory language limits their scope. In Florida, such restraints of trade or commerce are specifically valid and limited only to statutory guidelines. However, many states, including New York still rely on the three-prong common law rule, which judges the reasonableness of the restriction in protecting a legitimate business interest. Still other states like California specifically prohibit covenants that prevent or otherwise "restrain" a person from engaging in their profession or trade.

Non-Solicitation Clause To prohibit one party from soliciting (for business purposes) staff from the other party.

Confidentiality Clause To prohibit one party from using the other party's business information to compete with them.

Non-Impairment of Goodwill Clause To prohibit one party from disparaging, in any manner or respect, the other party or it's financial soundness and responsibility, personnel or practices of it's business.

Insurance
For liability purposes, one party may require the other to carry any and all manner of insurance policies including: general liability insurance, automobile, bodily injury, property damage, worker's compensation, with coverage in amounts and form satisfactory to company.

Mediation and Arbitration
Mediation and Arbitration should always specify a location in Client's jurisdiction (preferably, in the same county where they run their business). Mediation is a non-binding way to settle the dispute quickly and amicably. If unable to settle in mediation, arbitration is first option available. Arbitration is the preferred alternative to litigation because of speed, cost, and ability to maintain low profile (no info is publicly available).

Governing Law
Always stipulate that the contract will be governed under whatever law the Client ordinarily conducts business. Always make sure that venue and jurisdiction are as convenient to the Client as possible.

Attorney's Fees
Always make sure provide for the collection of Attorney's Fees and costs by the prevailing party in any arbitration or litigation.

Modification
No modifications except those specifically agreed upon by the parties in writing.

Severability
Always make sure that if any part of the Agreement is determined to be unenforceable that the remainder of the Agreement will still be effective.

Waiver
Any waiver of a term or provision will not act as a waiver of any other provision. I.e., Just because a party does not exercise his legal rights after a particular breach doesn't prevent him from exercising his legal rights for subsequent breaches.

Notices
Notices should always list the current and best addresses where each party may contact the other for whatever reason.

Facsimile Copy
Provide that a fax copy with signatures will act as an original copy of the Agreement.

Our Office

Miami

1840 Coral Way
4th Floor
Miami, FL 33145
Toll Free: (800) 603 - 3900
(305) 854-6000
Fax: (305) 857-3700
Natalia Utrera, Esq.,
Managing Attorney

New York City

1 Maiden Lane
5th Floor
New York, NY 10038
Toll Free: (800) 576-1100
(212) 962-1000
Fax: (212) 964-5600
Nicolas Spigner, Esq.
Managing Attorney

Clifton, NJ

642 Broad St., Suite 1B
Clifton, NJ 07013
Toll Free: (888) 336-8400
(973) 473-2000
Fax: (973) 778-2900
Sandy A. Adelstein
Managing Attorney

Los Angeles

8939 S Sepulveda Blvd.
Suite 400
Los Angeles, CA 90045
Toll Free: (888) 520-7800
(310) 258-9700
Fax: (310) 258-9400
Nicolas Spigner, Esq.
Managing Attorney

Delaware

9 East Loockerman Street
Suite 202
Dover, DE 19901
Toll Free: (888) 641-3800
(302) 744-9800
Fax: (302) 674-2100
Courtney Riordan, Esq.
Managing Attorney

Las Vegas

2545 Chandler Avenue
Suite 4
Las Vegas, NV 89120
Toll Free: (888) 530 4500
(702) 364 2200
Fax: (702) 458 2100
Joel S. Beck, Esq.
Managing Attorney

Chicago

Continental Office Plaza, Suite L12
2340 Des Plaines River Road
Des Plaines, IL 60018
Toll Free: (888) 514-9800
(312) 443-1500
Fax: (312) 443-8900
Michael C. Welchko, Esq.
Managing Attorney

General Counsel Club®

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Toll Free: 1 (800) 734 - 9900
Fax: 1 (800) 520 - 7800
ClubAssist@AmeriLawyer.com
Natalia Utrera, Esq.,
Managing Attorney