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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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I have a contract with another business owner to make and sell

Customer Question

I have a contract with another business owner to make and sell crepes. I am basically like an employer, but my (very) small business has a contract instead of being on payroll. First of all, I don't know how legit this whole thing is. Second of all, I am getting paid $1 for every crepe I sell. I work 53 hours a week and on average I am only making about $1.89 an hour. This is definitely not enough money. Is there a way I can get out of this contract? What kind of options do I have?
Submitted: 3 years ago.
Category: Business Law
Expert:  MShore Law replied 3 years ago.
Thank you for the post, does the contract have an advance notice of termination clause? What does the contract state with respect to either party's ability to terminate the contract?
Customer: replied 3 years ago.
This is what the contract says, word for word.

Section 8: term and termination

A. this agreement may be terminated:
i) by contractor upon 30 days prior written notice if the Company breaches or is in default of any obligation hereunder and such default has not been cured within such 30 day period.

ii.) by the Company at any time during the term for any reason upon 24 hour written notice

B. neither party shall be liable or deemed to be in default for any delay or failure in performance under this agreement or interruption of service...

C. Upon termination by either part, Independent contractor shall provide the company any and all copies, in whole or in part, of the materials and any and all tangible materials the company provided to the independent consultant in connection with this agreement.



Also, I don't know if this matters but the contract wasn't notarized or anything and there were also no witness signatures or anything of that nature.
Expert:  MShore Law replied 3 years ago.
Thank you, XXXXX XXXXX is unenforceable insofar as it binds the contractor into perpetuity. The contractor can offer 30 day notice to terminate the contract, then force the company to sell to enforce the contract which is unlikely to be a successful action.
Customer: replied 3 years ago.
There is another part that says this agreement shall continue for an initial tern of one year, unless terminated as outlined in A, below.


Does this mean that I am not binded into perpetuity? I'm sorry, I should have told you that information the first time.
Expert:  MShore Law replied 3 years ago.
Thank you for the additional information, it negates the perpetuity argument. You are bound for 1 year.
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
MShore Law and other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
This really sucks. You were really helpful though! :)
Expert:  MShore Law replied 3 years ago.
I wish my answer was different. Have a good night.

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