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William B. Esq.
William B. Esq., Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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Hi. Im trying to draft an agreement with a client (freelance

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Hi. I'm trying to draft an agreement with a client (freelance Search Engine Optimization work) using this http://www.seomoz.org/ugc/seo-contract-template-a-verbal-contract-isnt-worth-the-paper-its-written-on article as a basis but I'm not sure what to put for the last part in section 9 where it says, "Venue and Dispute Resolution". Is there an online service I can use (maybe this one?), escrow, elance, oDesk, or something that I can use if there is a dispute?
Thanks,
Brian.
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer, I would like to assist you with your legal question today.

William B. Esq. :

Venue and dispute resolution in a contract deals with the following:

William B. Esq. :

(1) Venue - identify the State and County where you want any disputes to be resolved - this is important to establish jurisdiction in a contract matter as well as to identify which court you will be appearing in if there is a contract dispute.

William B. Esq. :

(2) Choice of law - identify which state's law you will be using - usually this will be the same state as that for venue, but for some contracts and parties it will be beneficial to use another.

William B. Esq. :

(3) Attorney's Fees - many contracts have an attorney's fees clause where the party that wins a contract dispute gets their attorney's fees back from the other party in addition to any damages. (Without this clause both sides must pay their own costs and fees regardless of who wins).

William B. Esq. :

(4) Alternative Dispute Resolution - if you want to have arbitration or mediation before (or instead of) litigation, you can put it in here.

William B. Esq. :

I hope the above is helpful, if you have any questions please do not hesitate to ask. Best regards, Bill.

Customer:

Thanks Bill. Can you tell me what to put for (3) please? I'm sure it's just a few sentences or, if not, point where I can find this text to add to the contract.

Customer:

I guess (4) is probably not a good idea since there's not way of getting any money back and it relies on the trust between the two parties?

Customer:

(I'm not sure why this is using a chat window)

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3690
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi Bill,


 


Maybe my rating closed this thread but I had an additional questions as you can see.


 


So, "Toronto, Ontario, Canada" would be sufficient for the "Venue and Dispute Resolution" section?


 


Thanks,


Brian

Customer: replied 1 year ago.

Also, is it OK to use my name where it says "Company Name:" or should I change that to something else. Thanks.

Expert:  William B. Esq. replied 1 year ago.
Dear XXXXX,

I apologize for the delay, we had a brief hangup with our chat function as we were undergoing a system upgrade.

With regards XXXXX XXXXX issue on section 3: The number of sentences really does not change whether or not your contract clause is enforceable, rather the context is what counts. Make sure that you have addressed all of your concerns regarding the transaction and potential issues you believe will arise from it.

Section 4 is the same thing: this is a business transaction, there is no way to be 100% secure, a contract is about risk management and keeping your risk to a manageable level. If you are comfortable with the contract addressing these contingencies (you know far more about your field than I do and the likely issues that you will face in your transaction), then these clauses may be fair and reasonable. You may want to ask for something else in return, if so include it- there is no guarantee you will get it but you can ask.

The phrase regarding the city and country will suffice for venue. You can include choice of law (Canadian / US (New York State) / or your choice) if you like, but it will usually default to the location of the venue.

You will need to replace "Company Name" with your name.

Again I apologize for the delay in the response, the issue with the system was unexpected.

Best regards,
Bill
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3690
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 3 other Legal Specialists are ready to help you

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William B. Esq.
William B. Esq.
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Civil litigation attorney for individuals and businesses.