1. Read the contract! This seems simple and obvious enough, but let’s face it, contracts are boring and appear to be complex. Don’t be intimidated when you read it- you will be surprised at how much you understand. If it is boring (which it will be), just read portions of the contract at a time and take breaks so you don’t lose your focus. Also, don’t forget to read the fine print (yes, lawyers like to put important terms in the fine print).
2. Make sure it represents the deal you want to make. Don’t fall for the other person saying “that’s what it says.” Trust your feelings. If it doesn’t say what you agreed to as the deal with the other party, then rewrite it, or request that it be rewritten so the contract correctly describes the agreement.
3. Ask questions. Ask questions. Ask questions. This cannot be stressed enough. No question is a dumb question. If you don’t understand something in the contract, then ask them to explain it. Early in school, we get teased if we ask what other people consider a dumb question in class. This does not serve you well later in life. If you don’t understand something, then ask questions until you do. Otherwise, the other party can and probably will take advantage of you when you are confused and too afraid to ask them to explain something that doesn’t make sense.
4. Understand the contract. This is for the simple reason that you need to know what you are getting into. If you don’t understand the contract, then go back to the previous paragraph about asking questions. Plus, this will also help you avoid agreeing to an ambiguous (unclear) contract that may end up being worthless when you are in court suing for a breach of contract.
[The Contractor] shall defend, indemnify and hold forever harmless [the Store] against any claim or loss arising in any manner out of the presence or activity of [the Contractor] or any of [the Contractor’s] servants, agents, or employees or representatives or out of the presence of such equipment when such persons or equipment are on [the Store’s] premises for the purposes of performing services . . . notwithstanding such accident or damage may have been caused in whole or in part or negligence of [the Store] or any of [the Store’s] servants, agents or employees. (emphasis added.)
The class will explain why you should be worried about this type of contract clause and what the law says about it. It will also discuss negotiating this clause.
I AGREE TO BRING ANY SUCH CLAIMS OF NEGLIGENCE TO [THE BUSINESS’] ATTENTION IN WRITING WITHIN TEN DAYS OF THE DATE BY WHICH MY SERVICE IS COMPLETE. I UNDERSTAND THAT A FAILURE TO TIMELY BRING ANY SUCH CLAIM UNDER THE TERMS OF THIS PARAGRAPH WILL RESULT IN A FULL AND FINAL WAIVER OF ANY SUCH CLAIM.
Again, the class will discuss what these clauses mean and why you should look out for them in contracts. Be armed with information about the contracts you sign so you can avoid any problems by not acting in time.