Legal

Clauses to Look for in a Contract

A contract is a legally binding agreement that is enforceable by law. It is important for parties to critically and diligently review the clauses in a contract or seek the services of their lawyer before execution, in other words, before appending a signature. Here are 10 clauses to look out for in a contract before signing. The Parties – Ensure the parties are clearly defined and they are persons known to law. For instance, Nelson is not known to law but Nelson Your Surname as appears on your birth certificate or passport is known to law.  Rights and Responsibilities – It’s important to know the rights and responsibilities of each party. Never speculate or rely on oral understanding. Consideration – Ensure that a monetary clause is clearly defined including the specific amount, the mode and manner of payment. If it’s in-kind compensation e.g services, state so as well Liabilities – Standard contracts provides what and who would be liable for any action arising from the contract. Confidentiality Clause – You need to know the information you are not permitted to disclose or other sensitive matters that require confidentiality. Remedies clause – If something goes wrong, you need to know the remedies available. Indemnity clause – This clause means a party agrees to protect another from liability or loss that may arise out of the contract. Take note! Reference to additional documents – If a contract refers to another document, kindly note and diligently review them. Do not assume. Termination – In what instances can the parties terminate the contract? It must be clearly stated. Dispute Resolution – how and where do parties intend to settle their differences or any dispute that arises out of or in connection with the contract? This must be clearly defined. Ensure to diligently review every contract before signing or have a professional do that for you to avoid being a victim of individuals who generally want to scam innocent people. Engage with a lawyer here

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Non-Monetary Compensation of Employees

Running a business requires both the entrepreneur’s effort as well as the support of other team members who contribute their quota towards positioning the business for growth and sustainability. These team members who are referred to as employees, are often compensated for the role they play in the daily affair of the business. As a startup, you may want to attract the best talents as employee but may not have enough funds to compensate them. The economic depression and inflation on goods and products have also reduced the value of salaries in the hands of current employees. The following are non-monetary compensations you can consider giving to your employees: Equity Compensation (“Pay Me in Equity”): One of the most common forms of non-cash compensation of employee is allotting a portion of shares to such key employees. This builds a sense of ownership and belonging in the company. An employee who is a shareholder or a potential shareholder is more likely to be loyal to the company. Companies must however ensure that the shares are not given outright, rather the shares should vest over a period and certain restrictions must be placed on the shares in the interest of the company. Flexi work: Since the incidence of the covid-19, the world of work has changed. Many organizations have come to realize that productivity can still be achieved even when employees are not in a brick-and-mortar office 9a.m to 5 p.m. Employers should infuse flexi work in the schedules of employees because it can reduce stress and increase productivity. Hours spent commuting can be better utilized. Concerns about the dedication of the employee to work can be addressed by the use of technology which will enable employees log in hours spent on daily tasks and this can be monitored from the back end to measure employees’ performance. Happy Ambassadors: Employers should pay attention to the wellness and health of their employees and must show their genuine concern for creating a healthy balance of work and personal life. Employers should also be interested in the career growth of employees. Whilst it is important for your employees to be driven by profitability goals of your business, employees should not feel like a means to an end only. They should be able to envision their relevance, growth and the fulfillment of their career goals within the context of the larger goals of the business. Freebies – Employers may consider providing or subsidizing breakfast and lunch to its employees. Allowances such as transportation allowance, mobile phone credit top-ups and data allowances are also good ways to incentivize an employee. Personal and Professional Development: Employers may consider paying for trainings and certifications that would enhance the skills of its employees. This will not only make the employee happy, it will most likely have a positive impact on the productivity of the employee and ultimately the company. There are also some good online certifications you can encourage your employees to sign up for. The genuine interest of an employer in the professional development of an employee is always palpable. Recognition: Recognize the efforts of your employees so that they feel valued and are motivated to do more. You will be surprised how far a simple “Thank You” note would go! The year is rounding down and this may also be a good time to pay bonuses or give personalized gifts or have a social end of year event to reward your employees and let them know you appreciate them. Read Also: How to Ensure Employee Satisfaction

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6 Essentials of a Tenancy Agreement

A tenancy agreement is a written document stating the duties and obligations of a landlord and his/her tenant. This document is signed by the tenant and the landlord or his duly appointed agent before and they both become bound by the terms once the agreement is signed. Now let’s discuss the basic features of a tenancy agreement. Parties: A tenancy agreement must identify the parties. The name and address of the landlord and tenant must be clearly stated in the agreement. Duration of Rent: The agreement must indicate the type of tenancy to be established. Is it a monthly, quarterly, or yearly tenancy that is about to be created? The type of tenancy will also determine the rent to be paid for that period. Description: The apartment to be rented must be well described. If the tenant is renting only a 3 bedroom flat and not with the boy’s quarters, it must be clearly stated. The agreement must be clear and devoid of any ambiguity. Rights, Duties, and Waivers. The tenancy agreement restates the rights and duties of the landlord and his tenant. For instance, a tenant has a right to quietly enjoy his new apartment without any disturbance from the landlord. The tenancy agreement may also waive certain rights. If a tenant agrees to one month quit notice instead of the statutory six months in case of a yearly tenant, he becomes bound by it. So, it is important to read carefully the content of your tenancy agreement before rushing to sign. Look before you leap! The landlord too has a duty to repair any fundamental defect in the structure of the house. Rules and Regulations. The landlord may have some rules he wants a tenant to abide by before letting out his/her apartment. The rules vary and it is for the tenant to know whether he/she can comply with the rules. In case of non-compliance, a tenant may not have the opportunity to renew the tenancy. It is also essential that a tenant must put the house into a tenantable condition. Signature and Witnessing. Like every agreement, the parties must append their signatures at the end of the document. There will also be a space for a third party to witness it on behalf of the parties. In general, a tenancy agreement is not meant to confer more title over the other but it will help to state the intentions of the parties.

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Legal Structures You Need as a Media Agency

Hello Zainab, I currently run a Media Agency with my co-founder.  We are looking to scale by representing various Content Creators, and platforms, that is while they create the shows, songs, or content, we would be the ones to handle the business aspect of things We have been doing business on a month-to-month basis, what legal structure do we need to put in place to handle all our deals as a Media Agency? Thanks Do-it-right Business Owner   Hi Do-it-right Business Owner, I’m always glad to hear of people creating solutions and doing it well, so I owe you a smile. Starting with your question on a recommended legal structure, the first thing you need to do is to incorporate your business. You shouldn’t confuse this with registering a business name. An incorporated company differs from a business name as it is a separate legal entity while in the case of a business name, there is no separation between the proprietor(s) and the registered business. Also, you should get a founders agreement that governs the relationship between founders. It defines all the roles, obligations, and benefits of each founder. It’s always better to sort this out at the early stages of your business. You should also have terms and conditions which indicate intellectual property usage and rights with the content creators. You should also look at having a privacy policy for the use of all the personal information you will gather. With all this said, you should still seek legal advice from a lawyer who can help you out with more intricate details. You can find one here As an additional resource, you can read up these articles:- Types of business entities, Setting up a legal entity for your business in Nigeria. These videos could be helpful too- Diylaw Video 1, Diylaw Video 2 Keep succeeding Do-it-right Business Owner

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