166: Everything You Should Know About Cooling Off Periods, No Downgrades Language, and Chargeback Fraud

We're diving into a topic that sometimes is a bit uncomfortable, but it's truly essential for your business's financial, legal, and customer health. Specifically,  how slow sales or taking sales back might be affecting your bottom line and what you can do about it legally. As business owners, we do often put our clients' needs before our own, sometimes to the detriment of our own financial well-being. But here is the hard truth... Your money is just as important as your clients' money, and it is not greedy to prioritize your own bottom line! Especially  in challenging economic times like we have right now.In episode 166 of The Legal Paige Podcast, I am tackling a question straight from The Legal Paige Facebook Community. We dive into the what you should know about cooling off periods, no downgrades language in your contract, and chargeback fraud!MORE FROM THIS EPISODE: Tune into Episode 166, I will provide insight into this essential conversation, that may be uncomfortable but is nonetheless essential for every single business owner. Because over here at The Legal Paige I want to empower you both legally and within your business to operate as a smart, forward-thinking, and legal business owner! And if you want more helpful business advice as you’ll hear on the podcast, be sure to join The Legal Paige Facebook Community where thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.

As a forward-thinking entrepreneur, it's only natural to think about and somewhat start planning for the future of your business.We plan out where we see ourselves in 3, 5, and even 10 years from now. If we are thinking of starting a family, a major life event, or a move… We often start planning ahead so we can find the help we will need to keep our business running smoothly, what personal to-do’s we can assign to someone else, and more.Now, as dark as this sounds, we also need to plan on if something unfortunate happens to us and we are not here to run our business. This is beyond the temporary situations of getting sick, a small injury, or personal emergency. I am talking about answering the question, “What happens to my business if I die?". In episode 165 of The Legal Paige Podcast,  I share why it is so critical to plan on who inherits our business’s management, how our clients and current contracts will be handled, who has access to bank accounts and online platforms, and various ways to protect ourselves and our business from such an unimaginable (but definitely possible) situation.MORE FROM THIS EPISODE: Tune into Episode 165, I will provide insight into this unimaginable topic, that may be uncomfortable but is nonetheless essential for every single business owner. Because over here at The Legal Paige I want to empower you both legally and within your business to operate as a smart, forward-thinking, and legal business owner! And if you want more helpful business advice as you’ll hear on the podcast, be sure to join The Legal Paige Facebook Communitywhere thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.

Today's episode is focused squarely on the world of wedding planners and vendors. Specifically  why, in most cases, legally speaking planners might want to hit the brakes on signing those vendor contracts on behalf of their clients.Yep, you guessed it—there are some serious legal angles to consider! Legal liability and risk management being the key one.Ever had clients raising eyebrows over a certain clause? We've got you covered.Curious about who should be adding their John Hancock to that model release? (Think here both parents in a family photo shoot or only one?!)In episode 164 of The Legal Paige Podcast, we share why strongly advise against ever signing on your client's behalf. The lines of who the client is and who is liable to the vendors if the worst happens (think cancellation or rescheduling, or a natural disaster, or someone gets injured or hurt) becomes blurry. You do not want to be stuck in a situation where you are fighting with your clients AND event vendors on who is liable if/when the worst happens. In legal terms, this is called ‘joint and several liability’ and we are trying to help you avoid being on the hook for those sticky situations.MORE FROM THIS EPISODE: Tune into Episode 164 for an  episode is focused squarely on the world planners and vendors. We'll be covering ins and outs of why you don't ever want to sign on behalf of your clients (or accept a planners signature in the case of vendors). And if you want more helpful business advice as you’ll hear on the podcast, be sure to join The Legal Paige Facebook Community where thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.

Today's episode is focused squarely on the world of photography, specifically the often-underestimated yet incredibly crucial model release clauses woven into those photography agreements with clients.It’s impossible to take on every project + task while also trying to do what we love, have a life, and be the visionary/CEO. Over the years, The Legal Paige has brought on over 30+ contractors that have been life-changing for our business, terrible, and everything in between. Ever had clients raising eyebrows over a certain clause? We've got you covered.Curious about who should be adding their John Hancock to that model release? (Think here both parents in a family photo shoot or only one?!)What happens when someone who didn't sign the release pops up in the photos? Hold tight, because that's on the menu too.In Episode 163 of The Legal Paige Podcast, we are diving into model releases and what you need to know, who should sign them, and privacy concerns. MORE FROM THIS EPISODE: Tune into Episode 163 for an  episode is focused squarely on the world of photography. We'll be covering ins and outs of model releases — everything from who signs them to those privacy concerns that can pop up during client conversations. If you want more helpful business advice as you’ll hear on the podcast, be sure to join The Legal Paige Facebook Community where thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.

One of the smartest things we can do to grow our businesses is HIRE. It’s impossible to take on every project + task while also trying to do what we love, have a life, and be the visionary/CEO. Over the years, The Legal Paige has brought on over 30+ contractors that have been life-changing for our business, terrible, and everything in between. But what happens if you hire someone as a contractor and things go majorly wrong? How can you stay legal and protect your business? What steps can you take to prevent something going even more wrong once the cookie starts to crumble.In Episode 162 of The Legal Paige Podcast, I am sharing how you can protect your business assets and what happens if a relationship with a service provider goes wrong. MORE FROM THIS EPISODE: Tune into Episode 162 for a service-provider horror story that changed how I do business, ideas on how you can legally protect your business before sticky situations happen, what to do if your service-provider deletes everything, and more! If you want more helpful business advice as you’ll hear on the podcast, be sure to join The Legal Paige Facebook Community where thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.

Attention, Photographers, Planners, Videographers, DJs, Florists, and all service providers collaborating with couples and their families for weddings and events… This episode of The Legal Paige Podcast is tailor-made for you.Recently, within The Legal Paige Facebook Community, a member encountered a rather tricky scenario. Parents of the couple opted to cover the costs for the services provided. Our community member, keen on staying legally sound, went the extra mile by furnishing the parents with a third-party payor addendum sourced from our shop.But here's the twist—the parent in question wasn't too thrilled, said some unkind words, and declined to put pen to paper. Now, legally speaking, this raises a major red flag.Now, what's the best course of action for this service provider? Is it a matter of discontinuing their relationship with the clients? Should they proceed with the third-party payment sans the signed agreement?In Episode 161 of The Legal Paige Podcast, we delve into this complex scenario, exploring how to navigate these challenging waters. And fear not, because I'll be offering my expert guidance as your friendly online attorney! MORE FROM THIS EPISODE: Tune into Episode 161 for a service-provider horror story that proves just how important it is to have a third party payor addendum, and how to navigate a sticky situation when the third party declined to put pen to paper! If you want more helpful business advice as you’ll hear on the podcast, be sure to join The Legal Paige Facebook Community where thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.

Are you a thrifter or DIYer who uses online marketplaces to buy and sell items?As your friendly online attorney, I want you to be legally savvy in all areas of your life (even outside of clients and contracts). So what do you need to know about buying and selling on online marketplaces? Well, the sticky situations are truly endless: What if you get a *like-new* air purifier from the neighbor down the street… only to find out it doesn't work when you get home?Or what if you sold someone a used microwave and they messaged you after they picked it up saying the turntable doesn’t move correctly and now they want to bring it back for a refund?? In Episode 160 of The Legal Paige Podcast, I’m sharing my legal marketplace how-to’s, experiences, and the legal doctrine “Buyer Beware”! BUYER BEWARE I am sure you have heard of the phrase ‘Buyer Beware’ but may not know the legal implications or definition. ‘Buyer Beware’ is a legal concept that comes from the Latin phrase Caveat emptor, quia ignorare non-debuit quod jus alienum emit which translates to “Let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party.”‘Buyer Beware’ in basic terms is the duty of a buyer to inspect, test, and agree to an item before buying it. More specifically if an item does not come brand new from a certified merchant a buyer understands and acknowledges that the item is sold as-is. As a buyer, make sure you fully inspect any item you buy and understand that once you put it in your car and drive away… that’s it and you own it no matter if it works for another year or not. Buyers should never put money down on the table before seeing and testing the item. This not only helps prevent you from receiving faulty items but also protects you from potential fraud. If you are a buyer purchasing used items you must know you are taking on a risk when you buy used items…so BEWARE of what you buy.MORE FROM THIS EPISODE Tune into Episode 160 and learn more about how to navigate the world of Facebook marketplace from a legal perspective! If you want more helpful advice as you’ll hear on the podcast, be sure to join The Legal Paige Facebook Community where thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.

Entrepreneurship isn’t all about the money–but it sure is a good feeling to see that paycheck come in. So how do you make sure that 1. You actually get paid and 2. You pay yourself, legally? Part of the reason why you start a business is to make money for yourself and to do that you have to know how to pay yourself. In Episode 159 of The Legal Paige Podcast we are going to take you back to the basics and talk about how to pay yourself legally to keep your business structure (and the advantages it provides) in tact, how to legally accept payments from clients, and what to do when clients want to send a payment to you personally versus your business. There are real sticky situations that you are going to experience at some point. And having the knowledge to handle these situations and the protection in place is only going to help you and your business. Step One: Have A Business Bank Account The first step to legally paying yourself as a business owner is to keep all of your business money in a Business Account. Even though certain business organizations do not require you to keep your business profits separate from your personal finances, you should still keep business profits and expenses separate! Keeping your business finances apart from your personal account will make it easier to do the accounting work for your business and file taxes at the end of the year. Additionally, it will be easier for you to pay yourself a consistent salary if your accounts are separate. More From This Episode:Press play on Episode 159 and learn more about transferring money, the differences in how you should pay yourself based on your business structure, how clients should pay you, and more! If you want more helpful business advice as you’ll hear on the podcast, be sure to join The Legal Paige Facebook Community where thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.

Cancellations with clients can feel like the worst thing in the world, it’s something that can keep business owners up at night running through all the what-if scenarios… Especially, if it’s you canceling the contract with them. And that could be for a number of reasons; like a family emergency, or the client has been a nightmare to work with and you are ready to set boundaries, or they have deliberately breached your contract. Obviously this issue is a touchy subject because no one ever intends to enter into a contract to terminate it before all parties have completed their performance. Also, sometimes canceling can lead to bad tastes in clients' mouths, yucky feelings all around, and bad reviews (which is the worst case scenario).So let’s look at how to cancel on your clients legally and make sure you are protected as the business owner at the end of the day. HOW TO APPROACH A CANCELLATIONCancellations can be tricky and if you are the one who is canceling the contract, you will want to be delicate about it. My first piece of advice is to document that decision to cancel in a signed agreement and explain what is going to happen to any fees your clients have paid thus far.A cancellation contract will be sent out to your clients as a stand-alone contract. A cancellation contract will terminate and supersede the previous service agreement and also any oral agreements you had with your clients (say through emailing back and forth or on a phone call with them).WHAT IF THE CLIENT HAS BEEN A NIGHTMARE OR ISN’T RESPONDING? Before you cancel the contract try to reach out to your clients multiple times. Issue them warnings and explain that if you cancel the contract they will not receive their retainer back. You want to be professional in these situations while also being firm in your business policies! If you cancel due to lack of response from your client you are in the right to keep the retainer- in situations like this it might be best to cancel because your clients are preventing you from fulfilling your obligations under the contract. Keep in mind that if you decide to keep the retainer you may end up with chargeback scenarios or even threats of lawsuits. Although you are in your right to keep the retainer you may want to return it to avoid dispute in this case. Now I would ONLY return it if you have done little to no work with this client and it is early on in the process. Make sure you try to have them sign a cancellation agreement. They may not sign it and it's okay but they should be receiving an email from you requesting their signatures on the agreement and notifying them of the termination of the contract. MORE FROM THIS EPISODE:Tune into Episode 158 and learn more about cancellations including how to cancel if you are experiencing extenuating circumstances or an emergency, the clauses I recommend you have in your cancellation contract, and more tips on how to handle cancellations with professionalism! If you want more helpful business advice as you’ll hear on the podcast, be sure to join The Legal Paige Facebook Community where thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.

Most small business owners I know are 1. Badass and 2. Constantly running between one project and another. There are always SO many things to be done and at times “small” tasks (like making sure contracts are properly sent and signed) can be tedious.The catch? Sometimes the seemingly smallest tasks aren’t so small when they can have BIG legal consequences. If your business is a limited liability company (LLC) or has multiple owners, this podcast episode is for you.A popular question in The Legal Paige Community is “Can one person sign on behalf of an LLC?” or “Do all owners need to sign every business contract?” In this podcast episode, I am answering these questions and giving you my legal take on how and who should be signing contracts on behalf of your business. YOUR BUSINESS FORMATION MATTERSWhen you’re signing a contract,  your business’ formation matters. Unlike sole proprietors who are their business (and can sign as their business) an LLC is considered a separate legal entity from you as the owner.That means owners will sign on behalf of the company. You don't need to sign a contract as “The Legal Paige, LLC'' for example, but rather you as the owner will sign YOUR legal name as an authorized representative of the company. So for example I would sign it as “Paige Griffith” with the title of your position below your signature, so again just as an example, for myself I would then add in the title, “Owner of The Legal Paige, LLC”. A good thing to note is this doesn’t mean you are personally responsible for debts or liabilities incurred under a contract. You are still afforded the protection of limited liability that an LLC offers when you are the owner signing your name on behalf of the business. And knowing how to properly sign your contract as an LLC is important for keeping that protection bubble of your LLC intact. MORE FROM THIS EPISODE Press play on Episode 157 and learn more about how to sign a contract if your business has multiple owners, what sole proprietors need to think about when it comes to signing contracts, and my overarching legal take on the matter!  If you want more helpful business advice as you’ll hear on the podcast, be sure to join The Legal Paige Facebook Community where thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.