The Escape Clause: Dealing with Legally Binding Contracts 101

-- End Ad Box --->important than what it does say. If a contract
Have you ever felt stuck in a contract? Do you thinkdoesn’t exactly outline every single
that there is no way out? I’m writing aboutcontingency of the business dealing, then you may
this today because for some reason, I have dealtbe able toexploit use to your advantage, that idea.
with contracts on several occasions this week. EveryFor example: Your contract for services with a web
time I learn so much after my contract negotiationsdesign company, but you feel they aren’t
or disputes that I felt it was worthy of sharing!!living up to their end of the bargain and delivering the
Contracts are both good and evil sometimes,product promised, and you want to cancel. Their
depending upon whether you are on the sending oragreement says that if you cancel, you owe them
receiving end. Contracts are also supposed to protect$1,000. What it may not say is “When is the
you, decide what the rules of the game are when$1,000 due? What are the terms the $1,000 needs
you and the other party reach a disagreement.to be paid by?” etc… They unfortunately leave
Overall, contracts are awesome and Ithemselves wide open when not outlining terms of
wouldn’t get into many business dealingsthe agreement.
without having one in place. But, let me tell you, that4. Does it coincide with what is legal?
you may not need to waste your time, or yourI love the contracts that clearly break the law. Those
energy stressing over some contracts.ones are fun!
I used to not think so much about contracts, until IEx: “As a tenant at this property, you shall not
wished that I had a contract in place to protect meallow children or the elderly to occupy this
in certain business dealings. And then, sometimes Iproperty.”
would have a contract in place, but it reallyWhomever that property manager is, may have a
didn’t do me any good. It was a poorlyhard time convincing a judge that their stipulations of
written contract. But if you are stuck in a contract,the contract were even legal. Make sure whether
the best thing to do is to stay calm!you’re writing or scrutinizing a contract, that all
1. Don’t write off your chickens beforestatements are legal. Oh yeah…and sometimes you
they’ve hatched!may think they are, then you find out later
Before you say, “I can’t do anything - Ithey’re not. It’s always good to have
have a contract”, take a deep breath and go havea clause in some portion of your contract that says if
a glass of wine. Sometimes we overlook the simplestone clause of the contract, for whatever reason, is
matters within a contract just because we feel like ainvalid or illegal, that the rest of the contract is still
contract is the last word. Well, there are lots ofenforceable. I’m not a contract whiz, but
words in contracts luckily, so don’t considerI’ve seen a bunch of contracts that have had
yourself up the creek without a paddle until youthose exact words! Always a good idea!
comb thoroughly through that agreement.5. Last resort — Ask!
2. Ask for helpI know so many people that are willing to give up
I am very lucky that I am surrounded by veryjust because they feel like they are trapped in a
intelligent people!! So I don’t have to stray farcontract. Worst case scenario is that you have to be
before I have someone who can help me decipherbound to the terms of your contract. but if you stop
the multi-syllabic words that are put in contracts justto ask the other party, “How can I get out of this
to confuse me. Really the complex wording can easilycontract?” They may be willing to work with you.
be broken down into simple words and simpleOften times, companies are willing to work with you
meanings. Also, if you’ve scanned the contractto exit the contract because they know it will cost
so many times that you almost can recite it word forless in the long run if they don’t have to pay
word, you may be missing the meaning. Ask a friendlawyers fees etc. So when in doubt, put on a happy
or relative to read over the contract and tell youface and show your pretty little face!
what they think it means.PS— As always, this is not to be construed as
3. Look for What it Doesn’t Saylegal advice…luckily or unluckily I’m not a
This is perhaps the hardest part, but one of thelawyer! I always say people should have good
most important parts of deciphering a contract. Whatcounsel!
the contract doesn’t say is probably more