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I'd like to hear some thoughts and guidance regarding how i should start out Much of what you describe pertains to data/consumer protection laws and perhaps additional legislation such as Fair Credit Reporting Act (if in the US). It is premature to think in terms of drafting a contract (that is, for the concerns you reflect here) because a great portion ...


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If I agreed to these terms what would happen? They have no effect on the rest of the contract. The "anti-undermine" and "anti-complain" clauses are unenforceable as too vague and oppressive (somewhat related to the notion of duress), respectively. More important is to bear in mind that the actual consideration in your matter is the renting or ceding of ...


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A promise that a court would not enforce by injunction can still be valid consideration and be part of a valid contract. Failure to carry out such obligations would lead to some measure of money damages, most likely. On the other hand, provisions specifically barred by law, or against public policy, such as a promise to commit a crime, are void from the ...


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Yes One of the major factors that distinguishes a contract relationship from an employment relationship is the ability of the contractor to sub-contract.


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A very reasonable change to this issue about Pre-ordering would be a requirement that no charges could be completed until the stock is shipped to the buyer. At the time of shipping, then the money is transacted. This prevents any unforseen scenarios prohibiting actually receipt by the buyer. THAT Needs to be the policy, and the law. I am seeing many pre-...


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English law answer: That is a pretty badly drafted clause, at least with respect to how it would be viewed in an English court. Perhaps the clause is part of a larger section which sets out the scope of all clauses as relating to the employee's employment? The word "term" means that any intellectual property the person has created shall vest into the ...


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In my country - Australia - that would not be enforceable at all and would be seen as an unfair restraint of trade. Employers would ordinarily only own what you create in the course of your employment. Employers don't own you.


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What does Enurement mean in a contract? Black's Law Dictionary defines enure as "To operate or take effect. To serve to the use, benefit, or advantage of a person". The clause in your contract means that both entitlements and duties as provided in the agreement affect the parties but may be transfered to their heirs, successors, etc. In other words, that ...


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The Parol Evidence Rule The rule prevents parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract. To the extent that the document is a partial or complete ...


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The proper way to handle this is to either 1) change the original contract to conform to the revised agreement before it is signed, which may be awkward, or 2) to create a separate, subsequent agreement, which explicitly says that it modifies the original. For maximum clarity, the separate agreement should be in writing, and have an explict date (possibly ...


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If the parties agree to a material change in a contract, but for whatever reason sign the original document, does the change the agreed to still apply? No. The signed document supersedes any prior agreement. See the case law citation (specifically the excerpt that "The court generally may not consider extrinsic evidence of any prior agreement or ...


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