Whilst you can have a verbal agreement, it is always better to have a contract in writing. Having it formally documented helps each person understand their responsibilities. It creates certainty. Even though you can enter into a contract verbally, running a business means you are likely to be dealing with lots of people, and trying to remember all your oral agreements would be tough. Verbal agreements are also more difficult to enforce in court.
It is important to engage a lawyer to draft your written agreement. A lawyer knows how to use the right language and how that language will be interpreted by a court. They also know how to minimise your legal risks and how to draft contracts in your favour.
How does it work?
Please fill out our Let’s Get Started form. We will then get back to you within 1 business day. We will send you a fixed cost quote for your own personalised legal package which includes customised contract documents. Your documents are usually ready within 3-4 days. So easy!
Well drafted contracts will help you get paid
One of the most vital arrangements you have with your clients or customers is the way you get paid. A properly drafted agreement will define fees, including any cancellation fees or penalties and payment arrangements, and make these terms legally binding.
We helped Bridget* by drafting a contract for her which included benefits for those clients who paid on time, penalties for late payments, and cancellation and refund terms that benefited her business. It meant that her clients were legally bound by the payment terms, and she could direct them to the agreement whenever there was uncertainty. Her business has run much more smoothly as a result.
As contract lawyers we can help you with an agreement that helps you get paid.
Agreements drafted by a lawyer will help you enforce promises
When a lawyer drafts a contract, it inevitably includes various promises that are made between people or businesses. When we run a business we need to make promises with suppliers, clients, contractors, employees, perhaps also ambassadors or influencers. The promises could include things like giving you various information to do a job, or giving you access to certain software – the list of promises you can make is as long as your imagination! A well drafted contract will ensure these promises are legally binding, so if the other party breaks the promise, you can rely on the contract to resolve the dispute, and sue them if necessary.
We helped Anna* with various contracts for her marketing business. Her contract with clients included multiple promises, like that they needed to give her content, they needed to be on time for photo shoots, they needed to respond to requests within a certain time, and many more. Her agreement with other shareholders of her company set out promises in relation to the management and direction of her business. And further contracts ensured that photographers would assign copyright; influencers would post on time; copywriters would draft original content. Without these promises written into well drafted legal contracts, her business would have been very hard to run effectively.
As contract lawyers we can help you draft an agreement with legally binding promises.
Legal templates can be risky
Ignorance is no defence at law, and using a template can mean that you are leaving an opportunity on the table, obligating yourself to do something entirely unnecessary, or even missing important clauses relevant to your industry. Template contracts also aren’t tailored to your specific situation, and often the costs down the track will far exceed the initial cost of hiring an expert contract drafting lawyer to do it right the first time. Unfortunately we’ve seen some people using templates that result in completely different legal consequences than the ones that they intend.
As contract lawyers we ensure that your agreements are tailored for your industry and your unique business and way of working.