Many of our clients will consider entering into agreements with other businesses at some point, and when they do, they come to us to review the terms that the other side is proposing. Our business attorneys have noticed with dismay that people have become desensitized to signing contracts—and that is not surprising when we sign contracts just about every day!
Consider all of the contracts you sign without really thinking about it: click-through agreements for mobile apps and software, terms and conditions for 15 minutes of Wi-Fi at a coffee shop, joining a gym, signing a residential lease, signing a receipt for a credit card purchase, and many more.
The proliferation of legal agreements can make it seem like signing contracts without reading them (because you have no bargaining power to change the terms anyway) is a necessary part of life. But when it comes to your business, the stakes are much higher. It is crucial that you speak with a Georgia contracts lawyer who can help you understand exactly what you agree to when you sign the document.
Drafting a fair and valid contract should generally be a mutual effort between you and the other party. To that end, there are several essential components that every formal agreement should include in explicit written form, including:
In general, the clearer and more straightforward a contract is, the better the outcome will be for everyone who signs it. An attorney in Georgia can provide you with crucial guidance and support when drafting a contract for your specific business endeavors.
The most important thing to remember before signing off on any legal agreement is that every term and condition in that document is negotiable. It’s essential to read all contracts thoroughly—ideally with help from an experienced lawyer—and identify any problematic sections before putting pen to paper.
Before signing any legal document, here are some key questions to ask and potential problems to keep an eye out for:
Once you are presented with a business agreement, be sure to ask yourself these questions. Before signing, make sure you consult with a business contract lawyer to discuss the implications of signing the document.
Under the Official Code of Georgia §11-2-302, a court may declare part or all of a contract to be invalid if it finds the agreement to be “unconscionable at the time it was made.” In layman’s terms, this means that a contract is unenforceable if:
If you find an error in your agreement, that doesn’t automatically make it unenforceable. For the document to be invalid, the error would have to significantly impact the fairness of the contract. If you think your business agreement may be unenforceable, get in touch with one of our knowledgeable lawyers right away.
Legal language often has a very different meaning than everyday English. There are thousands of key phrases and specific terminologies used in the legal world that are defined by hundreds of years of court decisions, state laws, and federal statutes. Without a seasoned attorney familiar with the language used in legal agreements, interpreting each specific term of a contract put in front of you can be very difficult, if not impossible. If you miss something, you could lose your business altogether.
Signing an unfavorable legal agreement can be detrimental to your business. If you’re in the process of negotiating a deal, let Sparks Law review the terms listed in the document. Our Georgia contracts lawyers can ensure the provisions protect your best interests.