Table of Contents
- Market Directly to the Consumer
- Party Plan
- Direct Mail
- Telemarketing
- Multilevel Marketing
- Television Infomercials
- Pay-Per-Call
- Internet
- Market Through the Government
- Market Through Distribution Channels
- Market Through Foreign Trade
- Market Through Specialty Channels
- Market Through Email
- Retail Stores
- Sales Promotion
- Media Outlets
- Entrepreneur Profile
- Start-Up Costs
- Operating Costs
- 20 Financing Approaches
- Choosing a Bank
- 4 Cs of Credit
- Underwriting
- Loans
- Equity Financing
- Extending Credit
- Equipment Leasing
- Venture Capital
- Angel Investors
- Personal Guarantees
- Bookkeeping and Financial Statements
- Entrepreneur Profile
- Tax Basics
- Income Taxes
- When To Pay
- Minimizing Taxes
- Home Business
- Travel and Entertainment Expenses
- Automobile Expense and Mileage
- Retirement Plans
- Medical Expenses
- Sales and Use Taxes
- Property Taxes
- W-4 and I-9
- W-2, W-3 and Form 1096
- FICA, Social Security and Medicare
- Unemployment Taxes
- Form 1099
- Payroll
- Business Tax
- Excise Tax
- Tax Tips
- Audits
- Business Insurance Agents
- Workers’ Compensation
- Property Insurance
- General Liability
- General Medical
- COBRA
- Directors and Officers
- Employment Practices Liability
- Errors and Omissions
- Product Liability
- Operations
- Business Interruption
- Disability
- Life
- Claims
- IRS Section 125
- Home-Based Business
- Entrepreneur Profile
- Nondisclosure Agreement
- Sale of Goods Agreement
- Sale of Specialty Goods Agreement
- Terms and Conditions
- Promissory Note
- Guarantee
- Corporation Articles of Incorporation
- Corporation Bylaws
- Bank Resolution
- IRC Section 83 Election
- Independent Contractor Agreement
- Employment Agreement
- Sexual Harassment Policy
Contributing Authors
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Stephanie Chandler
Author of The Business Startup Checklist & Planning Guide |
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ORDER NOW: The Business Startup Checklist & Planning Guide |
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|
Joe Kennedy
Author of The Small Business Owner's Manual |
|
ORDER NOW: The Small Business Owner's Manual |
|
|
Tom Severance
Author of Business Start-Up Guide |
|
ORDER NOW: Business Start-Up Guide |
|
|
Steven D. Strauss
Author of The Small Business Bible |
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ORDER NOW: The Small Business Bible |
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Contract
This checklist contains items to consider and information to gather when drafting a contract.
- Identity of Parties
- Name
- Type of entity of each party (corporation, LLC, etc.)
- Addresses
- Recitals
- Background of agreement
- Purpose for entering into the contract
- Key assumptions for the contract
- Obligations of the Parties
- What is each side required to do?
- By what date?
- If something has to be delivered, whose obligation is it and at who’s cost?
- Terms of the Contract
- Is the contract a one-shot situation or will it last for some designated time period?
- How can the term be renewed or extended?
- Price
- What is the price for the product or service?
- Is it a fixed price, determined by a formula, by a project fee, or some other manner?
- Who pays any tax?
- Payment Terms
- When is payment due?
- Will there be installment payments?
- Will interest be charged?
- Is there a penalty for late payment?
- Representations and Warranties
- What representations and warranties are to be made by the parties?
- Are certain warranties disclaimed (e.g., merchantability or fitness for a particular purpose)?
- How long are any warranties good for?
- Liability
- What limitations of liability exist (e.g., no liability in excess of payment received, or no liability for consequential damage or lost profits)?
- Under what circumstances is one party liable (e.g., material breach of agreement or grossly negligent in performing services)?
- Termination of Contract
- When can one party terminate the contract early?
- What are the consequences of termination?
- What post-termination obligations are there?
- Confidentiality
- What confidentiality obligations are there?
- What are the exclusions from confidentiality?
- Default
- What are the events of default?
- Does a party have a period to cure a default?
- What are the consequences of a default?
- Disputes
- How are disputes to be handled – litigation, mediation or arbitration?
- If arbitration, what rules will govern? (e.g., JAMS or the American Arbitration Association)
- If arbitration, how many arbitrators and how will they be picked?
- If arbitration, will there be procedures for discovery and what the arbitrator can and can’t do?
- If litigation, where can or must the litigation be brought?
- Indemnification
- Is there indemnification for certain breaches or problems?
- What is the procedure required to obtain indemnification?
- Is there a cap on or exclusions from indemnification?
- Miscellaneous
- Governing law
- Attorneys’ fees
- Modification of Agreement
- Notice
- Entire Agreement
- Severability
- Time of the Essence
- Survival
- Ambiguities
- Waiver
- Headings
- Necessary Acts and Further Assurances
- Execution
- Jury Trial Waivers
- Specific Performances
- Representation on Authority of Parties
- Force Majuere
- Assignment
- Signatures
- What authority is required for one party to sign the contract (e.g., Board of Directors approval)?
- How many signatures are required?
- Are the signature blocks correct? For corporations, this is a typical appropriate signature block:
ABC, Inc.
By:
John Smith, President
Excerpted from Business Start-Up Guide © 2002, Tycoon Publishing