1. Be Clear About Scope
Be clear about what the scope of services and deliverables will be. Why? Typically, you are contractually bound to deliver that scope of services and deliverables, for the price set and based on the signatures provided.
2. Initial Deposits
Require an initial deposit, and include a reasonable cancellation fee. Any cancellation fee must be reasonable, including, for example, the likelihood of you being able to fill the place with another client. Depending on the risk that you won’t fill the space, a sliding scale of deposit is not uncommon.
Limit your liability for loss, harm or damage caused to the client. Your Client Agreement should set out what you are, and are not, responsible for. For example, it would be prudent for an alternative health practitioner to include a disclaimer that he or she is not a doctor, this is not medical advice, and that the person should seek medical assistance as required.
4. Copyright and Intellectual Property
Reinforce your rights under copyright law, inform your client of their rights under the Australian Consumer Law, and how you will manage their confidential information. This includes disclosing whether you will use photos for marketing or competition purposes.
Be clear about whether there is a licence for the client to use your work, or are the rights wholly assigned to the client. Licencing your work means that you retain ownership while the licencee can use your product on the agreed terms.
- Inform your website visitors of their rights and obligations, as well as fulfil your online legal obligations;
- Protect your website, business and intellectual property as displayed on the website;
- Ensure your website visitors know what they can and can’t use from the website; and
- Limit your liability for content made available online.
If you need assistance with drafting your client agreement, or have any questions as to what you should include, let our online business lawyers know.
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