Did you read the Terms and Conditions?
Most people don’t. But when you’re a small business — you need to understand what you’re signing yourself up to.
I’ve been on the wrong end of far too many contracts which, by default, have asked me to: sign away any ideas i came up with during the period of the contract [not just the ideas for that client]; to open myself up to unlimited liability if someone goes wrong without any proof of me being at fault or even cause to defend myself; not be allowed to compete with my client (despite the client offering marketing services, which meant i’d not be able to offer them my services); not work with anyone that client was working with, even if i’d not encountered them during the process of the engagement — and many many other hilarious and not so hilarious clauses.
I read the contracts I sign, and whilst I’m not a lawyer, I have built up an basic understanding of what the language means, and will question or challenge anything that doesn’t feel right. Most clients are very open to modifying their stock contracts — so you should always ask for clarification or modification if you’re not happy.
The challenge is that most contracts are not understandable without a degree in contract law. As I’ve set up my own business recently — I didn’t want that to be the case with people who are working with me — both my clients, and my partners.
So I set out to create a Plain English contract which:
- Was readable and understandable by anyone
- Was not overly onerous — doesn’t ask for the souls of your first born, rights to your kidneys or your son’s hand in marriage.
- Was in my tone — this is a contract with me, not a faceless legal entity.
- Is legally still enforceable and protects all parties.
I worked with Amit Patel at Atkinson Rose, and over the course of a few weeks, we created something that I’m extremely proud of, and think fits the bill. I’m grateful to Amit and his team for their patience with me asking stupid questions — and I’d not hesitate to recommend them if you need legal support for your own challenges.
Mission
Develop an understandable and readable contract for Foxlark
Partner Feedback
Most people who request these contracts do so with the primary goal of ensuring that they protect their position and that the contracts are enforceable in court. The approach of Foxlark was different, in that they wished not to alienate their clients, but to ensure that everybody could fully understand the contract without having to take legal advice to do so. It was a great idea, and one that we were keen to become involved in. This is especially so as most small firms, or those who are self-employed do not have always have accessible and affordable legal support.
It was great to work with Matthew who was crystal clear with his need and approach. We also actively encourage others to follow this lead to ensure that everybody understands exactly what they are getting into without the need for lawyers; as entering into any business arrangement should preferably be a non-contentious and agreeable process.
— Amit Patel, Atkinson Rose
If you’d like to read our contract — hire us to work with you, there’s even a prize if you get to the end and sign.
This is an overview of a recent project from Foxlark — an independent strategy and innovation practice. We help teams explore their future, and make it happen sooner. If you’re interested in working with us, please say hello.
