Simplifying Legal for Small Business Owners

Way too often, legal is viewed as an expensive headache and business owners either avoid it or don't completely understand it. The goal of the Simplifying Legal podcast is break down complicated legal topics in short episodes that have specific action items for how to implement any recommendations. The podcast will give people a tool to help them take action on the areas of their business that may have been ignoring.

057: Review Contracts Like a Lawyer 04/19/2022

056: Develop Your Contract Strategy 04/12/2022

056: Develop Your Contract Strategy Creating a legal strategy is very similar to creating a business plan. You’re just putting an emphasis on fitting legal into your overall business strategy. Even so, you need to have a strategy for different aspects of legal too, depending on your needs and the type of business you have. In this episode, I take a look at a particular legal sub-strategy: developing your contract strategy. While the idea of having this kind of strategy may seem advanced, it really isn’t. I discuss what it is and who needs one, the areas for consideration of what to include in one, and how a contract strategy affects your business. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [01:29] - Danielle quickly recaps episode seven: the steps you need to follow when creating a legal strategy for your business. [03:26] - Before diving into what a contract strategy is, Danielle discusses who needs one for their business. [03:52] - What’s a contract strategy? It’s fairly straightforward, and Danielle explains what it should cover. [04:38] - Here’s what to consider when it comes to the types of agreements you enter, for now and in the future. [05:52] - Consider the tone of the agreement as well. Do you need something formal or with plain language? [07:44] - What provisions do you insist on having in your contracts? And conversely, what types of provisions are off-limits for you? [09:01] - When deciding on your contract provisions, take this important aspect of your business into consideration as well. [09:50] - How will you handle the actual contract creation process? [10:47] - Involving an attorney may depend on your comfort level and capacity as a business owner to deal with contract creation. [12:46] - What tools will you use to implement and manage your contract strategy? [13:48] - Danielle briefly talks about how having a contract strategy in place can impact your business. [15:00] - What happens if a client resists following your contract strategy? You can build potential responses to resistance into the process. [16:17] - Danielle ends the episode with action steps you can take today. Links & Resources: Episode 7: /episode/index/show/simplifyinglegal/id/22695101

055: Contracts Service Business Owners Need 04/05/2022

054: Solve Problems with Your Contract 03/29/2022

054: Solve Problems with Your Contract What role does your contract play in your service-based business? This might be something you haven’t really thought about. So often contracts are viewed as just a necessity, stating the terms or protecting the business in case a client relationship sours. While contracts are something you should have for your business, I don’t think entrepreneurs use them to their full potential. In this episode, I want to expand your thinking about contracts and discuss how they’re an underutilized tool service business owners can use for proactive problem-solving. I cover how I apply this in my own business for clients and discuss how to use your contract to solve issues that come up surrounding payment, communication, and scope creep. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:41] - Contracts serve as a tool to proactively troubleshoot issues with clients. Danielle discusses what that looks like in practical terms. [04:16] - Danielle shifts focus to types of problems you can solve with your contract before they arise, starting with payment issues. [05:21] - Many service business owners also use payment terms to ensure that this scenario doesn’t happen. [06:39] - Potential problems can arise related to communication issues. [07:18] - How can you set proper expectations about communication with clients in your contract? [08:18] - Danielle talks about another potential problem area similar to communication issues: non-responsive clients. [09:42] - Having backup contact information can be a way to solve a lack of communication problem between you and a non-responsive client. [10:16] - Danielle addresses scope creep, a common issue for many service-based entrepreneurs. [11:55] - What’s the best way to ensure scope creep doesn’t happen? Here’s a simple solution and how to enforce it. [12:48] - Danielle wraps up the episode with some action steps. Links & Resources: Episode 9: Episode 28: Episode 38: /episode/index/show/simplifyinglegal/id/22498355

053: Save Time, Money, and Stress with MSAs 03/22/2022

052: Managing Proposals and Contracts 03/15/2022

051: Legally Host a Giveaway 03/08/2022

051: Legally Host a Giveaway Many companies use giveaways as a way to market their products and services. But, “giveaways” aren’t actually a legal term. Instead, they are usually a contest or sweepstakes. And, there are a lot of laws that can impact your business if you host this type of promotion. In this episode, I discuss what a giveaway is and how to protect your business if you host one, including what you need to include in the official rules and regulations. I also talk about how to handle certain social media platforms when marketing your giveaway. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:24] - “Giveaway” isn’t a legal term, so you have to determine exactly what you mean by it. Are you running a sweepstakes, contest, or lottery? [04:06] - The laws that apply to giveaways can be complicated, and there’s no single federal law to cover them all. You also need to be aware of the FTC’s rules. [05:19] - Danielle discusses the different laws that apply to contest and sweepstakes promotions. [06:30] - Some states like Florida, New York, and Rhode Island have additional requirements. [07:36] - Most states require that a business disclose the material terms of the promotion (a.k.a. the official rules and regulations). These also protect you from liability. [08:33] - What should you include in the official rules of your giveaway? Danielle reveals what you need if you’re running a sweepstakes. [10:21] - If you’re running a contest, your rules should have everything you’d include for a sweepstakes in addition to these couple of things. [11:32] - Running a contest requires you to look at intellectual property in these two ways. [12:54] - Danielle gets into some of the legal language clauses that come with running a giveaway. [14:01] - How should you handle different social media platform requirements when hosting and promoting your giveaway? [16:07] - Danielle recaps the steps you need to take to legally host a giveaway. Links & Resources: Episode 44: Episode 45: Pinterest Guidelines for and /episode/index/show/simplifyinglegal/id/22265756

050: Legally Deal with Negative Reviews 03/01/2022

050: Legally Deal with Negative Reviews Business owners make a regular practice of using testimonials in their marketing. Many businesses also ask customers to leave reviews on public third-party platforms like Google, Yelp, or Facebook. The goal is to capture those positive experiences to help attract more clients and customers. But these public reviews also mean you’re opening yourself up to criticism and negative reviews. How should you deal with negative reviews? In this episode, I look at this from a couple of different angles based on questions I’ve been asked before. Can you legally prevent the posting of a negative review, and can you threaten to sue to have one taken down? Let’s dive into it! Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [03:18] - Can you legally prevent someone from leaving you a negative review? [03:51] - The Consumer Review Fairness Act (CRFA) protects honest consumer assessments. Danielle discusses what used to happen before its enactment in 2016. [05:18] - What does the Consumer Review Fairness Act cover? [06:01] - The CRFA does allow you to manage certain types of content in reviews. [06:50] - What if someone leaves a dishonest review? Instead of fighting to get it taken down, you can try this instead. [07:01] - Danielle reveals one important thing to note about the CRFA. [08:19] - Can you take certain actions against someone who posts a negative review on your own platform or website? The CRFA doesn’t cover this, but the FTC has a clear position. [08:51] - Danielle discusses the recent settlement agreement between the FTC and Fashion Nova that precipitated the FTC’s position. [10:00] - Can you threaten a lawsuit to remove negative reviews left on a third-party platform? If you’re considering it, keep these things in mind. [12:17] - Danielle reveals your action steps for today. Links & Resources: Episode 45: /episode/index/show/simplifyinglegal/id/22225805

049: What Is Legal Marketing Review? 02/22/2022

049: What Is Legal Marketing Review? Legal Marketing Review is common for big businesses with in-house legal teams. In this episode, I'll be discussing what smaller businesses need to know. Just as you want your marketing to help you stand out from your competition and help you sell your products and services, you want to make sure you’re covered legally. So think of legal marketing review as a process to make sure your content is compliant and says what you want it to say, from a legal perspective. I’ll cover who needs legal marketing review, how the process works, how I conduct it for my clients, and a common question I hear from people when they first consider getting it done. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:18] - Danielle describes how she ensured that her website marketing aligns with her core values. [02:55] - Do you view disclosures as having a negative impact on your business and sales? View them this way instead. [04:16] - Danielle discusses who needs to conduct a legal marketing review. One group in particular has become very skilled at it. [06:36] - Legal marketing review can happen at any point, but the review usually happens somewhere in the middle of the copywriting process. [07:08] - What should you consider during legal marketing review? Look at testimonials in your marketing with these parameters in mind. [07:59] - Small businesses should also look at their claims, both implicit and explicit. [08:56] - Danielle gives a behind-the-scenes look of what happens when she does a legal marketing review. [11:14] - Can you do your own legal marketing review? This particular question comes up a lot. [11:53] - Danielle mentions some other important areas of consideration regarding conducting legal marketing reviews yourself. [12:57] - Ask yourself these questions and follow these tips as your action steps for today. Links & Resources: Episode 47: /episode/index/show/simplifyinglegal/id/22189007

048: Structuring Money-Back Guarantees 02/15/2022

047: Marketing & the FTC 02/08/2022

047: Marketing & the FTC For the last few episodes, I’ve talked a lot about marketing and complying with the Federal Trade Commission for the legal side of your business. Primarily, I’ve looked at testimonials and advertising claims. Today, I want to look at the FTC more broadly and why it matters for your marketing. In this episode, I do a quick review of what the FTC is and discuss FTC compliance in your marketing within a handful of areas you need to consider. You’ll hear about rules you should follow for health claims, expert endorsements, comparative advertising, disclosures, and more. This episode was created with online business owners in mind and covers the areas that are typically most important in your marketing. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:32] - Danielle provides a quick overview of the Federal Trade Commission. [03:31] - What are the most important things you need to know about using testimonials in compliance with the FTC? [04:31] - Danielle goes over the main criteria for evaluating your advertising claims. [06:01] - The rules about testimonials also apply to expert endorsements. But here are additional things you need to know. [07:25] - Be careful making claims in the health and wellness industry. The FTC heavily scrutinizes this market. [08:18] - What’s the golden rule for health claims and how do you evaluate them in your marketing? [09:15] - What if you can’t prove your claims are typical of results? Here’s what NOT to do. [10:11] - Danielle discusses puffery. Besides sounding funny, what is it and why would you want to avoid it? [11:39] - Referred to by the FTC as comparative advertising, brand comparison has its own rules you must follow. [12:43] - Before wrapping the episode, Danielle reviews disclosures. [13:59] - Follow these action steps to ensure your marketing complies with the FTC’s guidelines. Links & Resources: Episode 45: Episode 46: /episode/index/show/simplifyinglegal/id/22034456

046: Marketing with Income Claims 02/01/2022

046: Marketing with Income Claims Income claims are so common in the online business world. I see it in online courses, group programs, and service offers, and there’s been a lot of discussion on both the ethics and efficacy of using them. Regardless of your point-of-view on that matter, you must take care before you incorporate this type of claim into marketing for your small business. In this episode, I talk about the legal side of using income claims in your advertising. You’ll discover what you need to know if you use them on your website, social media channels, or anywhere else. I also provide tips on what you can consider when your business is acting as a consumer for other products or services that use these types of claims. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [03:12] - Danielle offers an example of a typical income claim that’s common in the online business world. [04:19] - More subtle income claims exist too. Here’s how to recognize them. [04:52] - What does the Federal Trade Commission have to say about making income claims in advertising? [05:54] - How do the FTC guidelines impact the usage of income claims? Danielle walks you through an example. [08:36] - Danielle dives deeper into the usage of advertising claims. Do you have substantiation for any income claims you make? [10:00] - All claims are either explicit or implicit, but both require substantiation. [11:30] - Consider the following when you look at the disclosure aspect of using income claims in your marketing. [12:54] - How do you properly disclose to ensure your advertising isn’t deceptive or misleading? [14:12] - Danielle discusses how you as a small business-owning consumer can evaluate others’ income claims. [16:30] - Follow these steps when making income claims in your marketing. Links & Resources: Episode 45: /episode/index/show/simplifyinglegal/id/21934640

045: Using Testimonials 01/25/2022

045: Using Testimonials What is social proof? The concept focuses on how people adopt others’ actions to reflect correct behavior in a social situation. So if someone feels uncertain about something, they’ll look at another person’s behavior to help them make a decision on what to do. With small businesses, social proof might take the form of case studies, reviews, or even trust icons on websites showing their media mentions. But one of the most common forms of social proof is testimonials which are recommendations from happy clients and customers that talk about the person’s experience using a product or service. You see testimonials everywhere because they’re so effective, and they can be only a couple of lines to something more in-depth. In this episode, I talk about what you need to know when using testimonials in your marketing and how to get permission to use them from your clients. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:53] - Danielle gives a quick made-up example of a testimonial. [03:58] - Danielle offers a short recap of the Federal Trade Commission’s main goals. [05:00] - In the eyes of the FTC, endorsements and testimonials are effectively the same thing. [05:58] - Danielle distills some information you need to know to take advantage of the power of testimonials in your marketing. [07:11] - What do you do if you can’t use a client’s or customer’s testimonial due to unsubstantiated claims about your product or service? [08:34] - While exact wording in testimonials isn’t necessary, you do need to be careful to avoid this mistake. [09:26] - Danielle discusses the need to differentiate between testimonials that depict typical vs. atypical results. [10:54] - If you regularly solicit testimonials, consider adding something to your terms or client agreement. Danielle goes over common things to include. [12:29] - Is it okay to share screenshots of comments posted on forums or Facebook groups to use as testimonials? [13:31] - What should you do if you’re asked by an endorser to remove a testimonial they’ve provided? [14:16] - Danielle reveals your action steps to wrap up the episode. Links & Resources: FTC Guide: by Robert Cialdini /episode/index/show/simplifyinglegal/id/21856559

044: FTC Disclosures 01/18/2022

044: FTC Disclosures The Federal Trade Commission is here to protect against unfair and deceptive advertising practices. And their job includes sponsored content and affiliate marketing. In 2013, I talked about the .com disclosures guide released by the FTC nonstop, but since then, bloggers and influencers and brands and agencies have become more comfortable with the disclosure requirements. However, if you are new to influencer marketing, either as an influencer or brand, this is an important topic that you need to understand. In this episode, I provide an overview of who needs to disclose, when to disclose and how to disclose. I’ll cover disclosure for sponsored content and affiliate marketing. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:08] - What does the Federal Trade Commission do? Danielle reveals its two main goals. [03:34] - Danielle discusses how bloggers felt after the FTC first published digital advertising disclosures in March 2013. [04:26] - How have things changed since the FTC initially released its .com disclosure guide? [05:33] - Danielle goes over who needs to disclose sponsored content or affiliate partnerships. [07:11] - When should you disclose? Here’s the simple answer, and Danielle uses as an example. [08:41] - Danielle talks about how to disclose clearly and conspicuously. [10:47] - Many platforms have branded content tools that may aid with disclosure. But you may still need something additional. [11:12] - Carefully review the disclosure requirements for sponsored and affiliate content of any brand or agency with whom you work. [11:56] - The FTC does look at more than just the inclusion of a disclosure. Danielle mentions a couple of other relevant things to remember. [13:05] - While a lot of the principles for sponsored content disclosure apply equally to affiliate marketing relationships, there is one tricky element to address. [14:18] - What do you do if your business is the one being promoted? [15:02] - The episode wraps up with a few disclosure action steps. Links & Resources: . /episode/index/show/simplifyinglegal/id/21781202

043: Working with Subcontractors 01/11/2022

043: Working with Subcontractors Plenty of small business owners use an individual or business to carry out a portion of their work. These subcontractors can become part of your business growth strategy and are a great way to delegate tasks to someone else before hiring an employee. If you are a service-based business owner, I’m concentrating on the type of relationships that you’ll have with subcontractors. Today I review several important areas for consideration when you’re working with subcontractors including scope of work, payment terms, ownership, intellectual property, and client relationship protection. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:33] - Danielle shares one big caveat before diving into tips for working with subcontractors. [03:40] - Will your client and the subcontractor have any direct interaction with each other or not? Danielle offers considerations for both scenarios. [06:12] - Follow these tips to ensure that your subcontractor agreement has a clear scope of work. [07:25] - How (and when) will your subcontractor be paid? [07:54] - Some businesses will also include this provision in their payment terms. [08:17] - Like any contract you enter into, you’ll also want to have this provision in your subcontractor agreements. [09:46] - Danielle discusses intellectual property rights and ownership of deliverables, including original content, when working with subcontractors. [12:28] - Can your subcontractor include the work they’ve done on behalf of your clients in their portfolio? [13:44] - When working with subcontractors, you need to address the confidentiality of both your information and your client’s. [15:07] - Danielle goes over what you need to know when including non-solicitation clauses in subcontractor agreements to help protect client relationships. [16:58] - The episode wraps up with your action steps for today. Links & Resources: /episode/index/show/simplifyinglegal/id/21710558

042: How to Find a Lawyer 01/04/2022

042: How to Find a Lawyer Do you dread the idea of finding a lawyer for your small business? I know we lawyers occasionally have a reputation for being expensive, underhanded, full of confusing legalese, and out to exploit whatever (and whomever) we can to make lots of money. But those of us who know we’re not like that find those tropes frustrating. Hiring a lawyer shouldn’t be a case of avoidance until a last-minute scramble for desperately-needed legal advice forces the issue. I believe that a small business owner needs a lawyer in their corner who knows their business and can help in their journey. But how do you find that lawyer who’s the one for you and your business? In this episode, I give you several tips for researching and hiring a lawyer who’s the right fit for you. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [03:06] - What is the one thing you must always remember when looking to hire a lawyer? [03:40] - The first tip can go a long way to help you feel more comfortable in this process. [04:42] - Carefully consider what you need for your business. Danielle offers guidance if you don’t know what you need. [05:53] - Do this if you know you need individualized advice that a 15-minute free consultation can’t give you. [06:31] - Beware of making this common mistake with lawyers. Danielle uses her household as an example to demonstrate why. [08:26] - Danielle reveals the most important tip you should follow when choosing a lawyer. Movies and TV shows might have you thinking otherwise. [09:18] - How can you find out what the relationship between you and a lawyer will look like before you hire one? [10:39] - In addition to experience, you’ll want a lawyer who can do this for you as well. Ask these questions before you choose. [12:03] - Don’t be afraid to consider your budgets and infer about fees. Danielle offers questions to ask lawyers under your consideration. [12:57] - Follow these action steps during your search to find the right lawyer for your business. Links & Resources: /episode/index/show/simplifyinglegal/id/21649445

041: How to Handle Contract Revisions 12/14/2021

041: How to Handle Contract Revisions At least two sides exist for every contract: the party who issues the contract and the party who reviews and signs it. In an ideal contract situation, each side mutually benefits and feels protected by all the terms contained within it. This isn’t always the case, though. Sometimes, the signer will see something that doesn’t reflect what they thought was agreed upon. Or a topic mentioned within the contract never came up in the initial discussion. That’s where contract revisions come in. In this episode, I talk about how to handle revision requests from both sides of the agreement. I offer tips for each side and discuss some of the most commonly revised terms in contracts. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:37] - How should the signer handle revisions of a contract? Step one is fairly simple. [03:26] - Danielle reveals the next step of the revision process for signers. [04:27] - What if you run into a worst-case scenario? Here’s what to consider if the agreement doesn’t go as planned. [05:43] - Danielle gives her recommendation for how to send revisions to the issuer. [06:22] - Don’t make the mistake of this assumption after you’ve sent a revised contract. [06:58] - Danielle takes a look at handling revisions from the issuer side. [08:02] - You have three options for how to respond to clients requesting contract changes. [08:44] - Most revision negotiations go smoothly. But keep this tip in mind if you reach an impasse and can’t agree on how to proceed. [09:31] - Danielle covers some of the most commonly revisable terms in a contract by the signer. [12:02] - This particular revisable term can be a hot button issue. What did Danielle do when she didn’t agree with a client over ownership of services? [15:42] - Danielle quickly summarizes the steps and reveals actions you should take next. Links & Resources: Episode 13: Episode 30: /episode/index/show/simplifyinglegal/id/21452120

040: Marketing on Instagram 12/07/2021

040: Marketing on Instagram Eleven years since it launched, Instagram has become a go-to marketing platform for many entrepreneurs. Despite frustrations with constant algorithm changes or the added necessity of Facebook, it still remains popular for business visibility and engagement. However, like with any platform, you need to consider the possible legal ramifications to your business. In this episode, I discuss how to protect your business legally when you use Instagram to market your products or services. I give an overview of some key areas to look over and talk about using testimonials, avoiding false claims, posting disclaimers, and handling direct messages on Instagram in ways to avoid unnecessarily opening yourself up to legal liability. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:11] - When posting testimonials, you need to consider these questions. [03:47] - What if you can’t back up your social proof with evidence? A simple disclosure should cover it. [04:08] - Be cautious about releasing anything requiring permission to use the name and likeness of clients or customers. [04:46] - Can you take screenshots of comments and use those as social proof? It depends on what’s written in your contracts/policies. [05:33] - Beware of making false claims on Instagram. This is an area monitored by the Federal Trade Commission (FTC). [05:55] - Danielle offers an example of an unsubstantiated claim in the weight loss industry. [06:23] - Danielle showcases a more subtle unsupported claim, this time in the marketing industry, and discusses the type of language to use instead. [07:38] - In case you need it, here’s a refresher on what a disclaimer is. [08:21] - With limited characters allowed on Instagram posts, how do you include the necessary disclaimers? [09:52] - Handle your responses to DMs on Instagram with care. Danielle discusses why and shares how she crafted a response to a client through a DM. [11:05] - Direct messages also make addressing confidentiality necessary. [11:38] - To wrap up, Danielle talks about the action steps you should take next. Links & Resources: /episode/index/show/simplifyinglegal/id/21373562

039: Affiliate Marketing 11/30/2021

039: Affiliate Marketing Affiliate marketing is one of the most popular streams of income online for both affiliates and companies. You see it everywhere in social media posts, blogs, videos, emails, and even books. Affiliate programs provide lots of benefits. Companies that offer one get to advertise their products or services through affiliates with minimal investment or risk. They only pay when there are sales. Affiliates get a relatively simple way to earn money for promoting products or services without having to spend lots of money upfront on store inventory. So today, I talk all about affiliate marketing. I cover the common legal terms and conditions, commissions, and disclosures obligations in affiliate contracts from the perspective of those who run affiliate programs and those who serve as affiliates. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [01:34] - What is affiliate marketing? [02:34] - Danielle gives a great example of affiliate marketing in action and discusses the potential income affiliates can make. [03:37] - A cash commission is the most common payment option but not the only one. What other incentives can affiliates receive? [06:00] - Those who offer affiliate marketing programs should have terms and conditions. Danielle goes over each section. [07:13] - What if you work with affiliates on a smaller scale and don’t use software for tracking purposes? [08:08] - Danielle talks about affiliate obligations commonly included in program terms. These are the business’s basic expectations of the affiliate. [09:50] - In affiliate agreements, companies usually outline obligations and reserved rights on their end, in addition to terms regarding the termination of the agreement. [10:47] - How are affiliates paid? Danielle discusses common commission terms. [12:23] - Most companies reserve the right to modify their terms and conditions without notifying affiliates and may put some program restrictions in place. [13:32] - How does confidentiality play a part in being an affiliate? [14:19] - Danielle focuses on the other big legal issue for affiliate marketing: disclosure. [15:54] - Find out the next steps to take, whether you’re an affiliate or a business that offers an affiliate program. Links & Resources: /episode/index/show/simplifyinglegal/id/21279323

038: How to Avoid Scope Creep 11/23/2021

038: How to Avoid Scope Creep What is scope creep? The term might be new for you, but you’ve probably experienced it if you’re a service-based entrepreneur. Scope creep happens when you exceed the amount of work for agreed-upon deliverables to your client without an increase in pay to match. In other words, you overdeliver in a big way but receive no commensurate compensation in return. How can you prevent scope creep or stop it in its tracks before it can get out of hand? In this episode, I talk about how you can avoid scope creep by crafting a scope of work that works for you. I also answer some of the most common questions I receive about scope creep. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [01:59] - Danielle gives an example of how a copywriter can fall into the scope creep trap. [03:41] - What’s the easiest solution to avoid scope creep? [04:17] - Danielle offers an example of how a social media manager can specify deliverables in a contract. [05:40] - In addition, you need to address what happens if you need to change your scope of work. Here’s a clause recommendation. [06:29] - Keep this in mind when setting scope-of-work expectations in your client agreement. [07:00] - What do your clients need to know about your deadlines? [07:35] - Are you better off charging hourly or a flat rate? Danielle discusses setting fees for your scope of work. [09:42] - Should you state upfront what isn’t included in your scope of work? [10:38] - How should you handle additional fees for revisions? [11:13] - Scope creep often starts as one small thing you’re okay with doing. Here’s how you can address it. [12:14] - What if you run into a client who doesn’t think they need to pay extra? [13:03] - Danielle wraps up the episode with today’s action steps. Links & Resources: /episode/index/show/simplifyinglegal/id/21229625

037: Legal for Social Media Managers 11/16/2021

036: Legal for Wellness Professionals 11/09/2021

036: Legal for Wellness Professionals Are you a registered dietitian, health coach, or pharmacist consultant? Even if you aren’t, wellness professionals cover a pretty broad range, and many do business online by offering things like courses or virtual group programs. In this episode, I provide an overview of the legal side of business for wellness professionals. So tune in as I walk you through choosing a legal entity, shoring up your website policies, protecting your intellectual rights, expanding your team, and more. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:54] - Danielle discusses the importance of knowing the permitted scope of your wellness practice. [04:52] - Should a wellness professional move forward as a sole proprietor or an LLC (limited liability company)? [06:43] - Some states require you to create a professional entity. Verify your state laws based on the type of business and licensure you have. [07:28] - What should be included in a wellness practitioner’s privacy policy, at a minimum? [08:33] - Disclaimers are extremely important for wellness professionals. Danielle briefly touches on them, as well as terms and conditions. [09:47] - Client relationships are the foundation of a wellness practitioner’s business. Here are the most important areas to address in contracts. [10:56] - Depending on your services, you may need additional areas covered in your client agreement such as group program agreements. [12:24] - Danielle talks about protecting your trademarks and copyrights. [14:36] - As a wellness professional, you’ll need to have terms for your digital products as well. [14:59] - What should you keep in mind as your practice expands and you hire more team members? [15:38] - Danielle reveals the next action steps for wellness practitioners. Links & Resources: Episode 31: /episode/index/show/simplifyinglegal/id/21066977

035: Legal for Creatives 11/02/2021

035: Legal for Creatives How do you define what a creative business is? When I talk about creative business owners, I mean someone who creates something on behalf of someone else. This could be a photographer, copywriter, content creator, etc. And like all entrepreneurs, they have legal areas to take into consideration too. In today’s episode, I cover the legal side of business structure, protecting your website, working with clients, content ownership, and more. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:32] - Are creative businesses better off as limited liability companies or sole proprietorships? [04:32] - What should you include in your creative business site’s privacy policy? [05:25] - Danielle discusses terms and conditions and disclaimers for creative business owners. [06:40] - Focus on these areas in your client agreement to ensure it has a solid foundation and will help protect your creative business. [07:39] - As a creative, you need to set some boundaries in place for your clients regarding content creation. [08:35] - Many creative businesses have master service agreements. What are they, and how do they make things easier for you? [09:21] - Danielle explores a vital legal area for creatives: copyright protection for your original works and how to wrangle content ownership provisions. [11:02] - Be aware of these three key terms in your client agreement regarding content creation. [12:13] - What else can you do to protect the creative business and brand you’ve built? Danielle talks about trademarks. [13:05] - What should you do to protect your digital products? [13:58] - Keep these things in mind as you hire more people to help you handle increased workloads in your creative business. [15:04] - Danielle wraps up the episode with your action steps for today. Links & Resources: Episode 31: Episode 13: /episode/index/show/simplifyinglegal/id/20988113

034: Legal for Service-based Business Owners 10/26/2021

033: Legal for Virtual Assistants 10/19/2021

032: Legal for Bloggers & Influencers 10/12/2021

032: Legal for Bloggers & Influencers I’ve had the pleasure of working in the influencer marketing industry for more than a decade. (You know, when we didn’t yet call it influencer marketing.) The blogging and influencer industries have grown by leaps and bounds since then. Five years ago, when Businessese was formed, our goal was to give bloggers a place to find reliable legal templates. Over the next few weeks, I’ll be looking at the legal needs of particular types of businesses. Today, I start with my roots: bloggers and influencers. So if you’re a blogger or influencer, listen in as I guide you on the necessary steps that you, specifically, need to take to protect yourself and your business. We’re covering starting your business, protecting your website, working with brands, protecting your content and brand, and so much more. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [03:52] - What legal entity should bloggers and influencers be? Danielle discusses the pros and cons of the two most common options. [05:47] - Most bloggers need to ensure their sites have a few key legal policies in place, starting with a privacy policy. [07:16] - Terms and conditions act as your contract with those viewing your site. [07:42] - If you’ve ever visited a website like WebMD, you’ve seen a disclaimer before. Is this something you need on your site? [08:45] - Content sponsorship has drastically changed in the last decade, for the better. Danielle reviews two common ways you may work with brands. [10:03] - What do you need to be aware of when working with brands? What do you need to know about FTC compliance? [10:50] - Danielle talks about protecting your business and brand with trademarks and copyright. [12:22] - If you offer digital products or services, you have a couple of other policy considerations you may want to put in place. [14:28] - Here’s what you’ll need to know and implement as you build and grow your team. [15:44] - Keep these questions in mind as you complete your actions steps for today. Links & Resources: Episode 31: /episode/index/show/simplifyinglegal/id/20765435

031: Website Accessibility 10/05/2021

031: Website Accessibility As you created your website, did you have accessibility in mind? Accessibility ensures that your content is accessible to anyone, regardless of their ability. Because of a recent influx of lawsuits against websites that aren’t accessible, this topic has been much more widely discussed. Even though accessibility is based on legal principles, such as whether or not a website is a place of public accommodation of the ADA, it is primarily rooted in the technical side of your site. Even though there have been some differing court opinions, I am going to discuss accessibility as though all business owners should have this set for their site. In this episode, I’ll discuss what accessibility is, the current status of website accessibility, accessibility statements, and how it might impact you and your business. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [02:50] - What is the Americans with Disabilities Act? [03:41] - Some people have interpreted parts of the ADA to necessitate certain requirements from website owners. [04:56] - What do you need to do to ensure the accessibility of your website to everyone? [05:52] - Danielle briefly mentions a few examples of accessibility tweaks you can make on your website. [06:34] - Danielle talks about the first step to avoid a compliance lawsuit and ensure the accessibility of your website. [08:00] - Here are three reasons why adding an accessibility statement to your website is critical. [08:56] - At a minimum, add these three things to your accessibility statement. [10:33] - Danielle discusses what to do with your accessibility statement once you have it and how she and her website designer worked together on implementing hers. [11:58] - Take these three actions steps to make your website accessible to all. Links & Resources: Sample Accessibility Statements: /episode/index/show/simplifyinglegal/id/20701421

030: Copyrights 101 09/28/2021

030: Copyrights 101 You know that movie you love to watch all the time? Or the song you can’t help but dance to when it plays? Or the book you snuggle up with on the couch on a Saturday morning, coffee in hand? All of these things, and more, have something in common: they’re protected by copyright. A copyright is a type of intellectual property that protects original expressions of ideas. These ideas can come in various forms and media including visual, audio, and literary, and can even cross multiple categories. In this episode, I talk all about copyrights. I start with some basics, then get more in-depth and cover the rights of copyright owners, copyright notices and duration, and frequently asked questions I hear about copyright law. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [03:47] - Danielle reveals what copyright law doesn’t cover. [04:42] - How can you know what is or isn’t covered by copyright law? [05:49] - Similar to trademarks, you have common law and statutory rights associated with copyrights. [06:27] - If you formally register your copyright, you get these additional statutory rights. [07:10] - Danielle discusses the exclusive rights you have as a copyright owner. [09:15] - What is a copyright notice? You’ll benefit if you include one, even if it’s not required. [09:58] - How long does a copyright last? It usually depends on the creator. [10:58] - Danielle talks about how small businesses can protect their copyrighted works. [12:58] - Fair use is an exception to copyright law. But what is considered fair use? [14:20] - Beware of falling into this common trap that Danielle hears so often. [15:28] - Danielle discusses dealing with ownership and copyright within your contracts. [16:42] - Implement these protocols to avoid infringing on third-party copyrights. [18:21] - Danielle wraps up the episode with action steps. Links & Resources: /episode/index/show/simplifyinglegal/id/20593709

029: Trademarks 101 09/21/2021

029: Trademarks 101 Can you spot a trademark when you see one? They’re all around you. A trademark can come in the form of a symbol, name, or even a phrase that consumers will associate with your products or brand. When I think of the perfect example, Nike immediately comes to mind. It hits the common trademark trifecta where its name, swoosh symbol, and phrase “Just do it” are easily recognizable to everyone. While names, symbols, and phrases are the most common kinds of trademarks, other non-traditional categories exist and can include smell, color, or sound. Think of Play-Doh’s signature smell, Tiffany’s signature blue, or NBC’s chimes. In this episode, I discuss many aspects of trademark law, including using a trademark without registering it, trademark rights available to you, and the benefits of trademark registration. I’ll also cover a number of questions I am frequently asked about trademarks. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [03:34] - What trademark rights do you have if you register with the U.S. Patent and Trademark Office versus if you don’t? [04:54] - You can’t trademark just anything you want. Danielle discusses why. [07:42] - What’s the difference between Principal and Supplemental Registers? Danielle reveals which types of trademarks are eligible for each. [09:46] - Danielle talks about the research process for registering your trademark. [10:48] - What happens after you’re done searching and want to file your application? [11:48] - Danielle discusses the type of communication you might receive from the examining attorney assigned to your application. [12:58] - When can you expect to receive your registration certificate? And what must be done to protect your new trademark? [13:41] - If you have a trademark you’re not yet using, you can file your application in two ways. [14:46] - Danielle reveals one more important thing about the trademark process: the fees. [15:39] - Discover some of the common questions Danielle receives about trademarks. [19:59] - Follow these three action steps for filing your trademark. Links & Resources: /episode/index/show/simplifyinglegal/id/20502086

028: Managing Drafts and Client Approvals 07/13/2021

028: Managing Drafts and Client Approvals If you’re a creative, tell me if this sounds familiar: You book a discovery call with a potential client who’s perfect for your services. Afterward, they sign your contract, get onboard, and participate in the first call to go over deliverables information. Then, you work your creative magic, provide them with the initial draft, and ask for their feedback to make any necessary revisions. Suddenly, the client doesn’t respond, and you find yourself stuck in an endless cycle of follow-up emails. Without their feedback, you not only can’t move forward with the project, but it also starts impacting all of your other projects too. So what’s the best way to handle this situation? Implementing some contract language and additional communication procedures should put you in a better position to manage the drafting and approval process with clients. I talk about how to do that in today’s episode. Please subscribe if you haven’t already. And if you like the show, I’d love it if you’d give it a review wherever you listen to podcasts! In this episode: [03:14] - Are you specific about how many drafts are included for the price? [04:28] - Carefully review your process for providing clients access to view drafts. [05:07] - How do you want to receive feedback from clients after they review drafts? [06:50] - Make sure you include this section about reviews in your contract as well. [08:18] - Danielle discusses scenarios when it might make sense to include delay fees. [09:38] - As a business owner, you need to prepare yourself for this possibility. [10:37] - Look for these great opportunities to reiterate your policies outside of the agreement itself. [11:52] - You might want to remind your client of this as well when there are delays on their end. [12:13] - Using a product management system with your clients in this way can alleviate the need for spending a ton of time on follow-up. [12:52] - Danielle goes over today’s action steps. Links & Resources: /episode/index/show/simplifyinglegal/id/19738505

Simplifying Legal for Small Business Owners

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