Afleveringen
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Do you really need website terms and conditions?
You might have been told that these are just a ânice to haveâ or something you can copy from a template, but this couldnât be further from the truth. If you have a website, which Iâm guessing you do, Website Ts & Cs are non-negotiable for protecting your online space.
They're more than just text at the bottom of your page; they're your shield as part of your core legal documents.
Your terms are what help people understand what they can and can't do on your website. Itâs about setting crystal clear boundaries and expectationsâkind of like a digital set of house rules.
1. Intellectual Property Protection: Imagine someone screenshots your beautifully curated portfolio and passes it off as their own. Without the right IP provisions in your T's and C's, you could find yourself in a sticky situation. It's essential to make it clear: "Look but don't copy."
2. Disclaimers and Liability Limitations: Your T's and C's should make it known that your site provides general informationânot professional adviceâ and you're not liable if someone misuses it.
3. Third-Party Links & Content Sharing: Whether it's affiliate links or sharing course content, clarity is key. Your terms should articulate whatâs permissible with third-party content and what's not.
4. Mailing List Compliance: If you're building a goldmine of a mailing listâgreat! You just need to ensure that you are compliant with anti-spam laws, which should be reflected in your T's and C's.
Your business, and therefore your website, is unique in its offerings and needs. So it goes without saying that tailoring your website T's and C's to fit your specific business model is a must.
A beautifully tailored set of website terms and conditions will safeguard your brand and protect your intellectual property. This includes your portfolio work, your course content, your blog, your podcast content - everything and anything you create. With the right terms in place, you can confidently showcase your services, share your content, and build meaningful connections without fear of misuse or misunderstanding.
So if you're serious about steering your business toward success, make sure your website T's and C's are as unique and robust as your brand itself.
LINKS:Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Engaging independent contractors can be a fabulous way to help you serve your clients, offering flexibility and specific expertise to meet the unique needs of your business.
But are you certain your contractors are truly that? Or could they be deemed as employees under the law?
It's a tricky distinction with significant legal and financial implications and this is a topic that has increasingly come into the spotlight in recent years. Just because an arrangement is labelled one way doesn't necessarily mean it holds legally.
Understanding Contractor Criteria
The law considers various factors to ascertain whether an arrangement is genuinely that of a contractor:
Delegation: Can your contractor delegate their duties? For someone to be classified as a contractor, the possibility of delegation must exist, even if it's theoretical. Do they use their own equipment? Genuinely independent contractors run their own businesses, using their unique set of skills and materials to provide a service to your business.ABN and insurance: Anyone who runs their own business must have their own ABN and insurance in place. Make sure you check this.Exclusivity: Does a sense of exclusivity penetrate your agreement? If so, your contactor might resemble an employee in the eyes of the law.Payment: Contractors typically issue invoices rather than being on your payroll.All of these elements must be crystal clear in a strongly tailored, independent contractor agreement that reflects your real-life arrangement. Itâs important to note that getting the distinction between contractor and employee wrong can lead to significant consequences.
Confusion with Superannuation Benefits
One particularly complex area is superannuation obligations. Under certain legislation, even genuine contractors might be eligible for superannuation benefits, meaning that if youâve been treating an employee like a contractor, you might have to backpay all the superannuation benefits youâve missed. For a small business, this has a huge impact on cash flow.
Ultimately, as a business owner, understanding the distinction between contractors and employees is your responsibility. As I always say, prevention is better than cure so making sure you have the right agreements in place is the best way to protect your business and grant you peace of mind, saving you from potential pitfalls later on.
Above all, I strongly encourage you to seek specialist advice from your business lawyer or accountant to make sure you are meeting your legal obligations concerning employees and contractors. As I always say, prevention is better than cure.
LINKS:
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Zijn er afleveringen die ontbreken?
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As business owners, we often find ourselves navigating a constantly evolving landscape of rules and regulations.
But what if we could transform what seems like yet another layer of complexity into a unique opportunity for growth?
I had the opportunity to sit down with the amazing Paula Maidens, a business owner I deeply respect and admire, to unpack the new Right to Disconnect rules. Paula runs a consultancy that specialises in helping business owners hire, build and transform high-performing teams. Her approach to business is as authentic as it is refreshing, making her the perfect guest to delve into the nuances of these new regulations.
For so many business owners that I talk to, there's a lot of fear and uncertainty around these new rules relating to when they can contact their employees, and the expectations around when employees should respond.
In this conversation, we discuss how there doesn't need to be a negative Nancy-type approach to these new Right to Disconnect Rules. Rather, thereâs an opportunity to reframe this change and motivate us to review our systems and processes, as well as our interactions with those we work with.
Paula takes us through practical steps that can support us in this journey:
1. Revisit Your Processes
2. Evaluate the âWhyâ
3. Set Clear Expectations
4. Create Robust Systems
5. Training and CommunicationWhile they can be seen as putting extra pressure on business owners, the Right to Disconnect rules can instead be a catalyst to cultivate a sustainable and respectful workplace culture. This is a prime opportunity to reassess and align your business operations with your core values and long-term goals.
If you're uncertain about where to start, remember that conversation, communication and accessible resources like Paula's consultancy can be invaluable allies in this journey.
Connect with Paula:Website: https://paulamaidens.com/
Instagram: @paulmaidensconsulting
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/reframing-the-new-right-to-disconnect-rules-with-paula-maidens
Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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As a business coach, every conversation with a client is an opportunity to inspire, guide and transform their professional journey.
But amidst the excitement of promising transformative results, there's a critical conversation that often gets sidelinedâwhat promises can you genuinely make, and more importantly, which ones are you legally bound to keep?
If you're like me, you've scrolled through social media feeds flooded with tantalising offers: "Double your revenue!", "Get booked out with clients!" Such promises can be alluring, but as a business lawyer working with coaches, creatives and consultants, they stand out to me as potential red flags.
The issue isn't merely what you're promising your clients; it's about the unrealistic guarantees that often accompany these promises. We have to be cautious about making guarantees that we can't possibly back with certainty and legality.
Today, weâre exploring the promises that can make or break your credibility as a business coach and how to ensure youâre communicating your expertise in a way you can deliver on.
Clarifying your expertise and maintaining realistic promises not only builds trust, but positions you to meet and exceed client expectations. This is how we set the stage for successful partnerships and robust business growth.
LINKS:Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/what-promises-can-you-legally-make-as-a-business-coach
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Have you ever made a business decision that went against your usual process, simply because you were trying to be nice? As women especially, we often feel pressure to please others and not come across as too rigid, but unfortunately, that often means that we as business owners pay the price.
I recently faced a situation in my business just like this. I knew something needed to change in my processes to prevent it from happening again - but I couldnât see the forest for the trees. The irony isnât lost on me that I found myself struggling with the very thing I often preach to my clients about! However, I reached out to my friend Kate Addamo, an exceptionally talented business mentor, and her insights were invaluable.
Kateâs dedication to helping women flourish is underpinned by a focus on health and wellbeing, driven by her own experience with both physical and mental health struggles. She loves empowering women to understand their value, get clear on their services and pricing, put in place the right processes and firm boundaries and come away with immense clarity on where they are going on their business journey. Sounds amazing right?
The Importance of Systems and Boundaries
Kateâs perspective on setting firm boundaries and having clear systems in place transformed my approach. She explained how neglecting these elements leads to burnout, disgruntled clients and even the courtroom. By having a consistent onboarding process, one that is followed for every client, no matter who they are, we set clear expectations from the beginning and avoid unnecessary friction.
The clarity I felt after discussing my issue with Kate was a reminder that no matter how long you've been in the game, thereâs always room to grow and improve. Reaching out for help is not a sign of weakness; rather, it's a strategic move toward levelling up.
Processes and systems impact more than your business
Unclear processes or outdated systems have a knock-on effect on everything. From your confidence and cash flow to attracting aligned clients and referrals, the systems and processes you have on day one will set the tone for your entire business.
Like me, a lot of business owners know something needs to change but theyâre not sure what it is. Kate talked about the invaluable lesson of knowing your values and making sure your boundaries are clear. That way, your clients know exactly what to expect and you are able to reclaim time and focus on what truly matters in life.
If youâve felt that niggling need for change or sensed something isnât quite right, perhaps it's time to review your processes and seek advice from those you trust.
LINKS:
Connect with Kate Addamo:
Website: https://kateaddamo.com/
Podcast: Life and Business in Flow the Podcast - kateaddamo.com
Instagram: https://www.instagram.com/lifeandbusinessinflow/
Previous episode mentioned: What it really means to Flourish in business, with Kate AddamoDiscover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Have you ever agreed to work with a client despite your gut screaming âNoâ?
I have, and it didnât end well.
Today Iâm sharing a story that my clients have asked for again and again â my worst client experience ever. Iâm not just complaining or airing grievances, Iâm talking about the impact this experience had on how I approach my business and, more importantly, how I choose my clients.
For those who don't know me, my earlier career involved 12 years of litigation and dispute resolution. Youâd think my worst client would stem from those stressful, high-stakes days in court, but no. My worst client came about four years ago in my current businessâa mature female business owner with a well-established team.
The issues began when I agreed to a retainer arrangement, something I usually avoid because it doesnât align with my business ethos. Despite my better judgement and intuition screaming a loud âNo!â, I begrudgingly agreed, hoping it would work out. Spoiler alert: It did not.
Respect in business relationships is paramount. Unfortunately, this client lacked it entirelyânot just for me, but for the value I bring. I was constantly micromanaged, with endless phone calls questioning my every move on time and tasks left on the retainer. It was toxic and exhausting.
So, what did I learn from this?
Firstly, respect is now a non-negotiable for me. If a client doesn't respect me, my time, or my work, itâs doomed from the start. I've learned to observe closely how potential clients treat their own teams and clients. Their behaviour is often a precursor to how they might treat me.
Additionally, Iâve learned to back myself, always. Self-doubt can be debilitating. When I doubt myself, the decisions that follow rarely serve me well. Each time I've ignored my intuition and agreed to terms that didn't sit right with me; I've lived to regret it.
Thatâs the story of my worst client ever! While it's not the dramatic tale many might expect, I hope it encourages you to reflect on your own client experiences and make thoughtful changes. Evaluate those relationships, tweak your systems, and ensure that youâre working with people who respect and align with your values.
LINKS:
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/my-worst-client-ever-why-it-matters
Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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The delivery of a premium client experience is not a set and forget process - itâs something that takes continuous work.
While Iâve personally learnt a lot about the client journey throughout the years, I still ensure that Iâm putting energy into refining my approach day by day.
Someone who shares this ethos of putting the client front and centre is Marcus Syversten, a soul-led interior designer and dear client of mine.
Marcusâs journey to becoming a well-respected interior designer wasnât linear, which is a story I think that many of us can relate to. Before finding his calling in design, Marcus spent nearly 16 years as a paramedic. After facing some difficult mental health challenges, Marcus shifted direction and began to explore his passion for architecture and design.
Now, with extensive experience in both residential and commercial interiors, his design firm Little Road has become Adelaideâs leading authority on interior design and styling.
I can hand on heart say that my conversation with Marcus is one of my absolute favourites on the podcast, and I know youâll be incredibly inspired as Marcus shares his insights on delivering exceptional client experiences, maintaining consistency and the importance of building a supportive network.
Marcus shares how his experience as a paramedic honed his communication skills, a critical tool he now uses in his design business. From extracting precise medical histories to ensuring his clients feel heard and supported in their design projects, Marcusâs story underscores the importance of crystal-clear, empathetic communication.
In Marcusâs world, delivering a premium client experience is non-negotiable. For him, itâs about constant refinement, not a set-and-forget strategy. His secret to exceeding clientsâ expectations? Continually improving systems and processes within Little Road to ensure things become more and more seamless.
Itâs undeniable that building a supportive network is crucial to succeeding as a small business owner. Marcus often draws on the expertise of professionals like bookkeepers, lawyers and mentors. He stresses how outsourcing allowed him to focus on his creative genius, rather than getting bogged down by administrative tasks.
Talking to Marcus was an absolute treat, and I know youâre going to get so many nuggets of gold from his wisdom on creating an experience that keeps clients coming back for more.
LINKS:
Connect with Marcus:Instagram: @littleroad.studio
Website: http://www.littleroad.com.au/
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/how-to-deliver-a-premium-client-experience-more-with-marcus-syvertsen
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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I work with a lot of creative business owners and even though my clients span numerous industries, Iâve noticed some common legal issues for coaches, creatives and consultants that leave them vulnerable.
1. Scope Creep
If I had a dollar for every time I've spoken to a creative client about the pain points they face due to scope creep, I'd be a wealthy woman. Scope creep is real, and it can be a significant issue if not managed properly. It occurs when the boundaries of a project expand without proper documentation and consent, leading to extra work that wasn't initially agreed upon, often without additional compensation.
2. Using Templated Legal DocumentsToo often, I see business owners taking shortcuts by using templated legal documents. While templates might seem like a quick and affordable solution, they donât offer the comprehensive protection needed. There is no one-size-fits-all approach to legal documentation and relying on generic templates will leave you exposed. Templates don't consider the unique aspects of how your particular business operates, they donât adequately address payment terms, scope of work, client relationships, or the specifics of your industry.
3. Lack of Solid Processes and SystemsAnother major issue creatives face is the lack of solid business processes and systems. This problem often compounds when paired with poorly tailored legal documents. Without a clear understanding of how to implement these documents correctly, creatives run the risk of non-enforceable contracts and disputes that may not have a clear resolution.
LINKS:
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Our interactions are becoming more digital every day.
For many of us in business, this means transacting in a digital or electronic way with our clients.
A question I'm asked all the time by my clients is whether having their clients sign their agreements electronically is legal.
Today, Iâm diving into this topic and explaining the differences between digital and electronic signatures, when theyâre okay to use and the circumstances in which they normally arenât.
For most service-based businesses, sending out client agreements or cost disclosures and requesting an electronic or digital signature is generally lawful and binding.
However, there are exceptions. Certain documents require a more traditional form of signing. These exceptions often involve contracts dealing with land, commercial leases or agreements necessitating a witness. Although some digital platforms like DocuSign can be used under certain conditions (e.g. a witness present via Zoom), this depends on the specific document and the legislation in place.
While there's a steady shift towards accepting digital and electronic signatures for basic contracts and memorandums of understanding, some traditional requirements persist as the law catches up with our changing world.
The bottom line is that for most straightforward service agreements and terms and conditions, digital and electronic signatures are lawful and practical. But, best practice is: if youâre unsure, ask!
LINKS:Resources mentioned: 'Briefing Notes' Email Signup
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/save-time-sign-online-is-it-legal-to-sign-digitally
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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DIY is for Bunnings, not legals.
I say this for good reason: the amount of business owners using templates in order to save money is more than a little eye-watering.
I understand that with all the costs involved in running a business, thereâs a certain allure to the convenience and cost-effectiveness of legal templates.
But trust me, after over 12 years as a litigator, I've seen just how badly things can go. You name it, Iâve seen it - and I donât want this to happen to you.
So to help you avoid getting caught up in any legal disputes, I want to take you through four crucial things that templated legals often miss - as well as the potential fallout if these gaps are left unaddressed.
1. Personalisation and Professionalism
Templates tend to miss one key factor time and time again: personalisation and professionalism. When crafted correctly, your legal documents can be one of the most powerful tools your business has. They protect your business, exceed client expectations and foster positive word of mouth.
Generic templates loaded with legalese about "aforementioned clauses" won't cut it. Ask yourself: how proud are you to send out your current legal documents? Do they reflect your brand accurately?
2. Industry-Specific Tailoring
Another significant shortcoming of templated legals is the lack of industry-specific tailoring. Stock templates you find online are likely to be generic, containing only basic terms around the parties, the agreement, and payment schedules. Your business is unique, and your legal documents need to be explicitly tailored to reflect that.
This covers things like what constitutes a variation and how additional costs will be handled. Without these tailored provisions, you risk misunderstandings, delayed payments and misaligned expectations.
3. Warranty Clauses and Liability Protection
The third overlooked area in templated legals is the inclusion of adequate warranty clauses and liability protections. The warranties you offer and the extent of your liability should be specifically outlined based on the services you provide. Generic warranties and liability limitations from templates just wonât cut it. If your legals are not properly tailored to your industry and specific service offerings, you leave yourself open to potential legal issues.
4. Enforceability
Last but by no means least, enforceability is a critical aspect that templated legals frequently lack. It's all well and good to have legal documents, but if theyâre unenforceable, theyâre as good as useless. Key provisions might be missing, or the sequencing might be incorrect, making it difficult to rely on these documents in disputes.
In the end, hoping for the best or sticking your head in the sand isn't a viable strategy when it comes to legal protection. Solid foundational documents are crucial to any business: you're not going to ask your builder to skimp on the foundation of your house to save a few dollars, so why do the same with your legals?
LINKS:
Resources mentioned: 'Briefing Notes' Email Signup
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/4-things-your-templated-legals-could-be-missingDiscover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Think back to when you started your business. I bet you were full of excitement, and nervousness.
So maybe, like a lot of people, you looked around at successful businesses and decided to follow their lead. It makes sense, I mean if itâs working for them, it should work for you too, right? Wrong.
When you look at another business, youâre only seeing the surface.Even if things look good from the outside, you can't be sure their methods are strategically or legally sound, and copying them could set you up for trouble.
One common mistake I see is in the sequencing of contractual documents and invoices. For example, tools like Dubsado make it easy to send a proposal that, once accepted, automatically generates an invoice, and then the client receives the contract.
While it might seem convenient, itâs not compliant with Australian Consumer Law, and doing so can invalidate your agreements. As a service provider, you must provide your terms and conditions or agreement before your client decides to engage you. If you later need to rely on those terms, they wonât be enforceable because the client didnât agree to them upfront. This small sequencing error can have big consequences.
Each business is unique, and what works for one might not work for another. I work closely with my clients to ensure that their onboarding processes, documentation, and service delivery sequence are customised to suit how their unique business operates. Not only does this keep you compliant with the law, but it also reduces misunderstandings with clients.
Another mistake I see comes from businesses selling services onlineâthink courses, memberships, or subscriptions. The business owner gets so excited to launch that they send out the sign-up link before having the necessary terms and conditions in place. They often think they can apply these terms retrospectively, but thatâs far from the truth.
Participants must have the opportunity to read and agree to these terms before paying for the service. If you miss this step and need to play catch up, youâll have to offer refunds to those who disagree with the terms subsequently introduced. So, make sure your terms and conditions are properly in place before any sales or sign-ups occur.
The message here is simple: copying their practices without professional insight can leave you exposed to legal risks and undermine your professional credibility. Take the time to invest in professional advice to ensure your business is not just legally compliant but set on a path for sustainable success.
LINKS:
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/just-because-others-do-it-doesnt-mean-its-rightDiscover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Adrenal fatigue, poor health, burnout - three struggles that many female business owners, including myself, are all too familiar with.
If youâre a woman in business, itâs likely youâll have experienced one - or all - of these symptoms of hustle culture. The question is, why do we accept the pressure of working ourselves into the ground as the norm?
Itâs been a long time coming, but I was finally able to sit down with Kate Addamo, a dear friend and exceptionally talented business mentor, for a chat on the podcast.
Simply put, Kate is a woman looking out for other women. Her dedication to helping women flourish is underpinned by a focus on health and wellbeing, driven by her own experience with both physical and mental health struggles.
Kate shares with us her refreshingly holistic approach to business growth, as well as insights on how to move from barely hanging on to thriving as our authentic, unique selves.
One-on-One Transformation
We hear about her dedication to one-on-one mentoring in an era where group coaching and masterminds are all the rage. Chosing to focus on individual transformation, Kate believes that magic happens in personalised interactions, a commitment sheâs seen yield remarkable results time and again.
Meeting Women Where They Are: The Flourish Package
Kateâs work is incredibly multifaceted, and nowhere is this more evident than in her âFlourishâ package, a bespoke journey tailored to each womanâs unique situation and aspirations.
Whether they're navigating motherhood, moving or any other major life transition, Kate works to build up the individual behind the business, aiming to ground her clients in their own version of success rather than someone elseâs.
Challenging the Hustle Narrative
We all know how pervasive hustle culture is on social media. Itâs all too common to feel pressured into scaling up businesses to achieve massive turnovers. But Kate offers a different perspectiveâone that values slowing down, reassessing and focusing on what truly matters. She encourages women to define their own success, even if it means downsizing or restructuring their business models.
A Holistic Approach to Business and Life
From dealing with severe adrenal fatigue to making significant lifestyle changes, Kate understands the importance of balance and strives to help other women achieve it in their own lives. We talk about the detrimental effect of operating solely in our masculine energy, and how learning to be nurtured is crucial if we want to create longevity in our businesses.
By reassessing what success means to you and taking your unique path to get there, sustainable success in business can be yours - and all without the burnout!
LINKS:
Connect with Kate:
Website: https://kateaddamo.com/
Instagram: @lifeandbusinessinflow
Podcast:Life & Business In Flow
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/what-it-really-means-to-flourish-in-business-with-kate-addamo
Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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When it comes to topics I talk about regularly, I often assume that everyone has already heard me say it. There are insights and ideas I speak on often not just with my clients, but also on the podcast.
However, the truth is, when weâre sharing content, not everyone catches every piece.
So today, Iâm thrilled to share five key things you should know about me before we work together.
Whether you're a new client curious about my process or someone who's followed me for a while but wants to understand more deeply, this is for you. I address some of the most frequent questions I get from clients and clarify my working style and values:
1. I Get Involved
First things first, I want you to know that when we work together, I get involved. My approach is collaborative; I'm not the lawyer for you if you're looking for someone to simply draft documents without any input from you. To create truly effective legal documents, I need to understand the intricacies of your business. Weâll have conversations, and Iâll ask you lots of questions to make sure your documents are tailor-made for your specific needs.
2. I Donât Haggle on Fees
The second key point is that I don't haggle on fees. My pricing is based on the value I provide and is structured in a way thatâs transparent and predictable. Youâll always know upfront what you're paying for; there are no surprise invoices. I believe in a value-based fee structure because it aligns with the integrity and quality of service I aim to offer. I don't think small business owners should undervalue their services, and I follow the same principle.
3. No Templates
Thirdly, I will not sell you a template. I strongly believe that DIY templates don't belong in legal matters. Each business is unique, and cookie-cutter solutions won't provide the protection or functionality you need. Instead, I'll work with you to create documents that are customised for your business. This ensures they're robust and tailored specifically to what you need.
4. I Treat Your Legals Like My Own
Next on the list, I will treat your legal documents as if they were my own. This means I take the time and effort to ensure they are absolutely perfect. I donât believe in a âone size fits allâ approach. Iâll get to know you and your business deeply to create stellar documents that serve you well.
5. I Build Long-Term Client Relationships
Finally, I rarely work with clients as a one-off engagement. I genuinely love what I do and care deeply about the businesses I work with. This often results in long-term relationships where clients feel comfortable calling me for advice as their businesses evolve. My goal is to be a trusted advisor who enriches your business journey and helps you avoid potential pitfalls.
I hope this episode is helpful if youâre thinking of reaching out to or working with me, and that you now have a better understanding of who it is that I am. I encourage you to come visit me over at Instagram if you have any questions about what we spoke about today.
Happy listening!
LINKS:
Episode Website: here
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Today on the podcast, Iâm thrilled to welcome Sofia Bernardi, a mindset and business coach known for her refreshing honesty and dedication to helping her clients. In our conversation, Sofia shares invaluable insights into her journey, the importance of mindset in business and the frequent pitfalls coaches encounter when focusing on scaling their businesses.
Voted as one of the top 30 coaches to look out for in 2021 by the New York City Journal, as well as building a million dollar business by the age of 26, Sofia strives to help women build confidence and create sustainable businesses. She does so with a methodology underscored by simplicity, authenticity and scalability.
Mindset is Key
Sofia believes that 80% of our success lies in our psychology - also known as mindset. She shares her own journey of starting her business at 22, where she felt inadequate to call herself a business coach. What gave her the ability to overcome her self-doubt were the tools sheâd gained through personal development. She encourages us that even without having achieved huge milestones in our careers, adopting a mindset of self-belief and clarity can hugely support us to grow.
Common Mistakes Coaches Make
Having learnt a lesson or two in what not to do in business, Sofia shares the mistakes she personally made when starting out, and ones she sees many other business owners struggle with. She highlights the dangers of dabbling in too many strategies and the myth of instant gratification and instead believes in the importance of consistency and focusing on what feels right for the individual. Sofia's advice: simplify your approach, choose one or two strategies that feel right and natural to you and commit to them with consistency.
Avoiding Burnout and Maintaining Balance
Burnout is a critical issue for many, especially women who juggle multiple roles. Sofia shares her framework for avoiding burnout, which includes staying organised, delegating tasks and creating a business that aligns with your ideal life. She emphasises the significance of putting personal priorities first and letting the business fill in around those priorities. By focusing on alignment and balance, Sofia believes entrepreneurs can achieve long-term success without sacrificing their well-being
Sofia is a beautiful soul and extremely generous in sharing the insights she has gathered through her experiences. She makes things really simple for us as business owners, and I know youâll be as inspired as I am to embrace your uniqueness and do whatâs right for you in your business.
Listen in and get ready to learn all about building a simple, scalable business that supports a life you love.
LINKS:
Connect with Sofia:
Website: https://sofiarosebernardi.com/
Instagram: @sofiarosebernardi
Podcast: Rising Coaches with Sofia Bernardi
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/the-biggest-mistakes-coaches-make-with-sofia-bernardi
Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Competition in business isn't necessarily a negative thing. In fact, it's a crucial aspect of the marketplace. Clients and consumers deserve choices, and honest and good faith competition is something I genuinely believe in.
Knowing who your competitors are and staying informed about industry trends is wise. Itâs just good business - and being aware of what others are doing can even open the door for potential collaboration. However, thereâs a big difference between taking inspiration from other businesses and flat out copying. That is certainly not okay.Dealing with Dishonest Competition
Unfortunately, not all competition is fair. There are instances when competitors might copy your work, mimicking your efforts to advance their own business. While imitation is often said to be a form of flattery, I completely disagree. Copying someone's hard work and presenting it as your own is just wrong, and today's digital age makes it easier for such unethical behaviour to occur.
If a competitor is copying you, it's crucial to stay focused on your own business. Donât allow this to consume you or derail you from your own business goals because getting distracted will incur a bigger cost on the business than the copying itself.Be Confident and Anchored to Your Why
Always remember your business's mission, vision, and unique selling points. Stay focused on your values and continue serving your clients to the best of your ability. The truth of the matter is that anyone who copies your work is only demonstrating that they have no originality and they will not stand the test of time. Stay in your lane and keep focussed on your why.
Stay InformedKeeping your finger on the pulse with industry trends and knowing what your competitors are up to is good business practice. This way, you can discern whether a situation is genuinely harmful to your business or whether itâs something that you can shake off.
Stay Focused
Donât be consumed by what your competitors are doing. By keeping your focus on your business, youâll ensure that you're not distracted from the important activities that generate revenue and really push the needle forward.
Understand and Protect Your Intellectual PropertyMake sure you understand your intellectual property including trademarks and copyrights. Protecting your unique ideas and original work can deter competitors from copying you outright and resolve issues swiftly if or when your copyrights are infringed.
Don't Go It Alone
Having a reliable support system is invaluable in business. This could include your business lawyer or a team of advisors who understand your business's intricacies. When issues arise, discussing them with trusted individuals can help you develop a strategic response and give you peace of mind for how to move forward.
Competition is inevitable in business, and it should be embraced when itâs fair and ethical. However, understanding how to deal with less honourable competitors is equally essential. By staying confident, informed, focused, and legally protected, you can navigate the challenges that arise without letting them derail your business success.LINKS:
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Coaching can be an immensely valuable service for a business owner. Over the years, I've had some fantastic experiences with coaches who made a significant impact on my business journey. However, as the coach, it's crucial to make sure that you are running your business with an unwavering commitment to risk mitigation.
If youâre a long-time listener, you would have heard me talk about why a risk mitigation strategy is critical for small businesses. In todayâs episode, Iâm focussing specifically on how to protect your coaching business, focusing specifically on your legal documents, often referred to as your coaching agreement.The Importance of Tailored Agreements
A coaching agreement is a vital document that outlines the terms of your service engagement with clients. It should be specific to you and drafted with your unique business in mind. This contract should include:Your services: What you do and how you do it.
Exclusions: What you don't do.
Payment terms: How you get paid.
Termination clauses: Your policies on ending the contract.
Disclaimers and Liability Clauses
The most critical parts of a coaching agreement are the disclaimer and liability clauses. These are the sections that will truly protect your business.
Disclaimer Clauses: These clarify explicitly what you are not promising to do, which guarantees you are not making, and what you are not responsible for. This clear communication gives your client absolute clarity about what you are not offering, which helps to prevent misunderstandings and misaligned expectations.
Liability Clauses: These outline what you, as the coach, will not be responsible for. They limit your liability and define very clearly what you undertake to do. Knowing where you're liable and how to limit that liability is crucial.Why Templates Wonât Suffice
If youâre tempted to use a template or copy someone elseâs agreement, think again. Templates do not take into consideration the nuances of your specific business and, in most cases, wonât cover you against risk. You wonât know whether these documents work as intended until you need to rely on them, and by then, it might be too late.
Ask yourself these questions:
Do you have a tailored coaching agreement aligned with your business operations?
Are your disclaimer clauses and liability provisions adequate and correctly worded?
If the answer is no to any of these questions, it's time to consult with a business lawyer or reach out to me for a discussion. Ensuring you have the proper documentation in place will provide the confidence and peace of mind you need to serve your clients effectively.LINKS:
Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Since launching my business Iâve seen business growth play out in many different ways. Sometimes itâs fantastic, with businesses taking off and flourishing. However, sometimes it doesnât end so well. Some businesses have folded, others have suffered considerable lossesâboth financially and in terms of infrastructure.
So, why does this happen? When growth occurs too quickly it becomes unsustainable and overwhelms the business. Today I want to share my five tips for navigating fast business growth and overcoming the common hurdles.
1. Ensure You Have the Right Business Infrastructure
Rapid growth can strain a business's infrastructure if it's not set up properly. Take the time to think about all the components of your business that keep things running smoothly - your people, skills, services, digital marketing, bookkeeping, financial management, and advisory team. There's no shortcut here! You need to take the time to think about all the cogs in your business machine. It can be the difference between sustainable growth and disaster.2. Master Your Financial Management
With growth comes increased revenue, but with increased revenue comes increased expenses, pressures, and liabilities. The best way to guard yourself is to connect with a bookkeeper and/or accountant who can help manage your finances. Even if you can manage your finances yourself, that doesnât mean you should. Delegating these tasks lets you focus on your zone of genius.
3. Solidify Your Processes and Systems
Growth will test your business operations and without strong systems in place, cracks will start to show. Think about your client engagement, onboarding, service delivery, invoicing, revenue tracking, and expense management. These areas can make or break a business in times of rapid growth.If youâre not sure whether your systems and processes can handle increased volume, now is the time to reassess and strengthen them. Consult your accountant and business lawyer to help you identify weaknesses and make the necessary adjustments.
4. Focus on Team Acquisition and Retention
Rapid growth brings pressure and challenges that can overwhelm a business. For long-term sustainability you need a team you can rely on. Evaluate your current team, both employees and contractors, to ensure you have the necessary skills covered. Do you have the right people in the right places? Are you leveraging their strengths effectively? By addressing these questions now, you can avoid issues down the line.5. Keep Up with Contracts and Agreements
During periods of rapid growth, it's easy to let contracts and agreements slide as you focus on immediate demands. It might seem like a necessary risk at the time, but it can cause major complications for your business. Take the time to prepare your documents now, so you're guarded against misunderstandings and misaligned expectations later on.
Fast business growth can be exhilarating if youâre prepared but devastating if you're not. By focusing on these five areas, you can set your business up for sustainable growth and long-term success!
LINKS:Episode Website:
https://tmsolicitor.com.au/rise-up-in-business-podcast/my-top-5-tips-for-navigating-fast-business-growth
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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Every now and then on the podcast, we reach out to our community to ask what you would like to hear from us. In today's episode, I address a question from one of our long-time listeners: What are my favourite legal documents to design?
Today Iâm diving into one of the aspects of my work that truly sets my soul on fireâdrafting client service agreements for small business owners. So join me as I take you through the intricacies of legal agreements and why the client service agreement holds a special place in my heart.
The Joy of Designing Client Service Agreements
You can call it anything you like - a design agreement, styling agreement, client service T's and C's - but client service agreement lays out the terms that a business issues when they're working with their client. Essentially, it's the agreement that a business enters into with its clients, setting the stage for a smooth, professional relationship. I relish the opportunity to dive deeply into a business when crafting these agreements. It's not just about the legal text; it's about creating a document that aligns perfectly with the unique workings of each business. This detailed approach allows us to address pain points and set client expectations - and I just love collaborating with my clients to ensure their business is protected.
The Process and Impact
As Iâve mentioned many times before, my process is very client-centric. I take the time to ask my clients essential questions about their operationsâeverything from project timelines to payment terms. This helps me ensure that the client service agreement covers all bases and shields the business from potential issues.The real and lasting impact happens when a business owner feels secure, knowing theyâre protected legally and they can focus on their core activities.
Implementation and Lasting Success
One of the most important aspects of this process is the implementation of these agreements. It's not enough just to have the document; the business needs to know how to use it effectively. This includes understanding how to incorporate it into their processes and systems. I even go as far as reviewing the communication that will accompany the agreement to clients, ensuring every aspect is finely tuned. The goal is for the client to feel confident and self-sufficient in using these documents, and the privilege of enriching lives through these crafted agreements is central to why I do what I do.
Now that Iâve talked you through what brings me the most joy in my business, Iâd love to hear from you about what your favourite part of your business is. And if youâre not quite sure, this might be your little nudge to give it some thought and to lean into doing more of what you love.
LINKS:
Previous episode mentioned: Legals By DesignÂź - I am thrilled to share this with you
Episode Website:https://tmsolicitor.com.au/these-are-my-favourite-legals-to-design
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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I've noticed that I have the same recurring conversations and answer similar questions from my creative clients. So today Iâm revealing the answers in one spot so you too can know the legal secrets that every creative entrepreneur must know.
The Power of Tailored Client Service Agreements
Your client service agreements, when customised for your unique business, can be the most powerful tool in your arsenal. Donât use templates, copy someone else or cobble something together from Google searches. Instead, invest the time and resources to have these documents tailored specifically for your business. Engage a business lawyer who understands your industry and the unique risks you face. This will ensure that nothing is overlooked and you are properly protected.
Your Processes and Systems are Important
Having tailored legal documents is only part of the equation. Your processes and systems are equally vital to ensure that these documents are implemented and executed correctly. This includes how you issue your client service agreements, proposals, and quotes. It also involves the sequencing of these documents and the proper wording in your correspondence with clients.
By developing robust internal processes and systems, you not only set yourself up for success but also manage client expectations and compliance with consumer law. If you get the process wrong, you might not be able to rely on your agreements at all.
Your Intellectual Property is Your Gold - Protect It
As a creative, your intellectual property (IP) is one of your most valuable assets. This is why it's imperative to protect your IP through your client service agreements. Clearly define who owns the IP in your creations, the scope of any licenses granted, and the terms of those licenses.
Consider the importance of trademarks if exclusivity over certain aspects of your business is crucial. However, understand that trademarks can be complex and not everything is trademarkable.
Build from Solid Foundations
Many business owners overlook the importance of a solid business structure. Although not the most exciting side of business, having the right legal business structure is foundational to your success. This involves understanding your options, from operating as a sole trader to incorporating as a PTY LTD company.
As your business evolves, make sure you reassess and adjust your structure as needed, consulting with your lawyer and accountant to ensure your structure aligns with your current needs and goals. The right structure provides confidence, flexibility, and clarity, allowing you to focus on building your business and sharing your genius with the world.
Know Your Risk Mitigation Strategy
Reducing risk in your business is crucial, and there are three main components to focus on: your business structure, insurance, and legal documents. Of these, insurance is often the most misunderstood. Many creatives ask if they really need insurance, and the answer is a resounding yes.
However, not all insurance policies are created equal. Whatever you do, donât buy insurance online - you wonât understand what's covered and what's excluded. Instead, work with an insurance broker who can guide you in selecting the right insurance for your unique business needs.
LINKS:
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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In today's episode, we're exploring one of the most complex and controversial issues in employment law: restraint of trade clauses in employment contracts. I'm diving into this because in the small business circles in which I operate, there's a lot of discussion around whether or not restraint clauses are valid and whether we can have them.
It has also become more topical in the broader community due to a recent decision in the United States, where the Federal Trade Commission made a ruling banning the use of restraint of trade clauses in contracts altogether. The question weâre now asking ourselves now is: will Australia follow suit?
Restraint Clauses: What Are They and Are They Enforceable?
Restraint of trade clauses are designed to prevent former employees from competing with their ex-employer in ways that could harm the business. These clauses come in two main types: non-compete and non-solicit. A non-compete clause restricts an employee from working in a similar business, while a non-solicit clause prevents them from contacting the former employer's clients. The million-dollar question here is whether these clauses are enforceable. The simple answer? Only if they are reasonable. Iâll take you through the nuances of what our legal system deems a restraint clause enforceable or not.
Tailoring Clauses to Your Business Needs
One of the most common mistakes I see is the use of broad, generic restraint clauses that cover large geographical areas and long periods. These are often unenforceable from the get-go. Business owners need to draft these clauses to fit their specific needs. Weâll discuss how to make sure your restraint clauses are not so broad that they prevent an employee from earning a living, as the courts heavily scrutinise such clauses.
Practical Steps to Protect Your Business
Rather than relying solely on restraint clauses, I recommend bolstering other areas of your employment contracts to safeguard your business. By being proactive and understanding what is reasonable for your specific business, you can better protect your interests and avoid the high costs and stress associated with any legal battles that may arise.
If you're a small business owner or planning to hire employees, this episode is a must-listen to ensure you're setting yourself up for success while staying on the right side of the law.
LINKS:
Episode Website:
https://tmsolicitor.com.au/rise-up-in-business-podcast/restraint-of-trade-clauses-in-employment-contracts-can-you-have-them
Discover the Masterclass Series here
Check Your Legals with the Essential Legal Checklist here
Book a Free 20-minute Initial Consult with me here
Join me on Instagram here
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