Business litigator: is there any downside to permitting a
Business litigator: is there any downside to permitting a partner in an LLC to withdraw (permitted at any time by Op Agree with remaining partner's consent) other than losing any right to sue for future acts? Does the remaining partner lose indemnification provided for in a settlement agreement by not standing in the way of the partner withdrawing? What other disadvantages of the partner withdrawing might there be? In this case, the remaining partner is more interested in past acts and wants the partner out of the business to end its access to contracted services, clients and company assets that have been interfered with and damaged by the offending partner's wrongful acts. The remaining partner feels that this overrides any right or other item that might be lost if the offending partner withdraws but before taking a position on that, I want to ensure that I understand the disadvantages to the company and remaining partner of the offending partner's withdrawal.
I own a roofing company and now because its getting busier I
I own a roofing company and now because its getting busier I have to subcontract work to other companies, What are the best types of agreements and waivers to have with the subcontractors to limit my liability for their employees getting hurt, work compensation claims or unemployment claims or claims for poor workmanship ect
My partner in our LLC has embezzled funds (taken ATM
My partner in our LLC has embezzled funds (taken ATM withdrawals to use for gambling) for 5 years. How do I handle this? I am not interested in pressing criminal charges but I also want to eliminate any negative tax consequences on me.JA: Can you tell me what state the LLC is registered in?Customer: MDJA: Have you talked to a lawyer yet?Customer: briefly but they weren't much help. They said there is a challenge when it is a partner since they have some "rights" to the funds. What about fiduciary responsibility etc?JA: Anything else you think the lawyer should know?Customer: We are planning on having her sign off of the corporation immediately.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Corporate Lawyer about your situation and then connect you two.
I am working on an agreement to license someone's beauty product.
,I am working on an agreement to license someone's beauty product. He created a formula and I will be manufacturing and selling the product. He is asking for an indemnity clause to protect him from any claims of reaction that my arise from a customer. Is this normal - if so what do I include?
Counselor at Law
I'm presenting a food demonstration at a school and may
I'm presenting a food demonstration at a school and may have people sample the food I make. I want to release myself and company of all liability. Does this protect me/ my company from all liability:PRESENTATION AGREEMENTDate: __________Sponsoring Organization/Company:_____________________________¬¬_Authorized Representative: ¬¬¬ ¬¬¬_____________________Street Address:_________________City: State: __ Zip: ¬¬¬ _____ Phone: Work:_ __Cell: Email: _____¬¬¬This is to confirm that Healthy Bites Food Service LLC will do two 30 minute presentations titled National Nutrition Month Workshop for your organization on March 16, 2016 1:45-3:00Location: ¬¬¬¬¬Terms of Agreement: $250 includes Fee plus ExpensesThe balance of the fee is due the day of the speaking engagement. Checks payable to Healthy Bites Food Service LLC. In case of cancellation up to 90 days in advance of the presentation, a cancellation fee of 50% of the presentation fee is due. From 30 to 90 days, a fee of 75% of the presentation fee is due. Cancellation less than 30 days in advance will be billed at the full fee. No recording devices of any kind are to be used during the presentation without the written consent of Healthy Bites Food Service LLC. If you are delighted with Healthy Bites presentation, we request a letter of recommendation and two references of individuals who might like to have Healthy Bites speak to their organizations. To confirm the presentation, please execute this agreement and return the original to***@******.***. This agreement is valid for ninety days. Full designation of sponsoring organization/company _____________________ ______________________ Authorized Signature Date AcceptedRelease of LiabilityIn exchange for participation in the activity of Nutrition Month Workshop organized by Healthy Bites Food Service LLC, Representative agrees for Organization and (if applicable) for the members and participants to the following:1. AGREEMENT TO DIRECTIONS. Undersigned agrees to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Healthy Bites Food Service, or the employees, representatives, or agents of Healthy Bites Food Service.2. ASSUMPTION OF THE RISKS AND RELEASE. Undersigned Recognizes that there are certain inherent risks associated with the above described activity and Representative/ Organization assumes full responsibility for personal injury to its members and participants, and further release and discharge Healthy Bites Food Service for injury, loss or damage arising out of participation or presence of Healthy Bites Food Service workshops, whether caused by the fault of Organization, Representative, participants, Healthy Bites Food Service or other third parties.3. INDEMNIFICATION. I agree to indemnify and defend Healthy Bites Food Service against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from presence or participation of Healthy Bites Food Service workshop.4. FEES. Undersigned agrees to pay for all damages to property of Healthy Bites Food Service caused by any negligent, reckless, or willful actions by participants.5. CONSENT. I,¬¬¬¬¬__________of ____________consent to the participation of ________________, in the activity of Nutrition Month Workshop, and agree on behalf of all minors, participants and members to all of the terms and conditions of this agreement. By signing this Release of Liability, I represent that I have legal authority over sponsoring Organization.6. ARMS LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement, or any of its provisions, the Parties and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving arise to such ambiguity.7. ENFOREABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARITY SURRENDER CERTAIN LEGAL RIGHTS.Dated: __________ _Signature: _____________________________________
What kind of agreement, I can ask my attorney to sign. If I
What kind of agreement, I can ask my attorney to sign. If I retain him to review of my business to ensure it is not violated any law and if somehow after his review which he state it is compliance with all state and local law and it still violate some laws, What kind of agreement I can ask him to sign to guarantee for his work. I own a landlord complaint forum, Since I am no law expert, and since I have pay for his service to help me in compliance any federal/state law and I want to limit my liabilities and make sure he will take accountabilities.RegardsDavid
If I am a co-owner of an LLC and we are in the business of
if I am a co-owner of an LLC and we are in the business of helping connect IT service providers with clients and we collect a finders fee. Say the IT service provider we introduced to the client messes up a project and the client sues them.Q1) Is my LLc liable even though we clearly indicated to client that we are only introducing the provider and they should do their own due diligence?Q2) Does the LLC give me enough protection such that the liability does not go to me personally?
Esq. In a state court case against me the judge has refused
For William B. Esq. In a state court case against me the judge has refused to decide on the ownership of an entity for 5 years despite having overwhelming , authenticated and factual evidence of the ownership. There is no further evidence that I or anyone can produce to determine ownership. its a long story but it has to do with judicial misconduct and collusion with the plaintiffs. In any event is there any legal procedure to prove ownership of property? can another judge in a different venue make the determination? would a title company opinion help? any suggestions? Thanks