James Malinchak Explains Why Entrepreneurs As Well As Speakers Should Always Secure A Contract

By Matthew Maxwell


Each and every time I speak on someone's stage or at their event, I must have the opportunity previously to read the contract. It is not because I think I am all that; it is not because I think somebody is going to get me. I must look at contract and have my lawyer read it first because I'm protecting the assets of my company - me! That's correct if you are a speaker, consultant, trainer, or any valuable piece of your company. Then, you're an important asset. Therefore, you have to protect yourself from harm, and you need to protect your company secrets, ideas, as well as contents from becoming someone else's property.

I realize that many people wish to accomplish things on a verbal agreement or perhaps a handshake. Nonetheless, in terms of situations in which you do not agree, not having a legal contract can kill you or cost you, and sometimes it will be both. For instance, a few days ago I had been requested to speak in an event. Because the event was on again, off again, it made things difficult to complete. After I reached the venue, I noticed that they had a brand new contract for me, one that I had not seen previously. I refused to sign it without my lawyer first previewing it. Of course, it made things uncomfortable for a few minutes, rather I be uncomfortable now then facing litigation or restitution for damages later on.

You see within the contract, it was clear that they wanted me to assume all liability if I were injured within their event. I don't need my attorney to understand that if they actually do something out of negligence that causes me harm, I don't want to assume liability for that nor provide them with the ability to avoid the responsibility of faulty equipment. Therefore, I refused to sign it. I became disappointed and frustrated, and prepared to leave rather than speak in that venue if their lawyer could not make changes or come up with another way to fix the problem. Again, I was not being difficult, I'm making them take responsibility for not taking action for mailing the contract before I made the journey to their event.

Let me present you with another illustration of how agreements can save you as an audience member, too. At events, they often have you sign a waiver for utilizing your image. Fortunately, one of my clients had signed one in an event she attended because later when they said they were filming something in the event in which she did not agree, she removed herself from the filming location. Later on, she was told she appeared on the video to which she tried to avoid. Luckily, her waiver only gave permission for the venue at hand and didn't give permission for any other usage of her image. As a result, she was able to demand her image was obscured in order to avoid her having any link to a product to which she did not support.

As you have seen, there are a lot of reasons to have contracts. The best one is to make it clear of the expectations between you as well as the other party. Therefore, see agreements as a positive aspect rather than a negative aspect. They're there to safeguard you and also to protect other people. And finally they're there to safeguard your business as well as your assets, along with your most valuable asset could just be you!




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