Contracts

Do you work with photographers, journalists, designers, or other creators? Then you will encounter copyright contract law: under the Copyright Act, a creator is entitled to a fair...

An arbitration clause stipulates that a dispute will not be settled by an ordinary (government) court, but by one or more independent arbitrators. For entrepreneurs, this can be attractive if you want to resolve disputes quickly...

There is no statutory maximum for a contractual penalty. In principle, you may determine the amount yourself: parties are free to agree on the amount due if someone...

An obligation to operate a business in a lease agreement is in principle valid, but not always enforceable. A judge may set aside the obligation if continuation of the operation is factually impossible, or...

A good franchise agreement determines whether your partnership with a franchise system develops into a successful business or results in a protracted conflict. The contract stipulates what the franchisor expects from you...

A non-compete clause that is formulated too strictly or too vaguely often offers less protection than you think. For example, if the clause only prohibits “direct or indirect participation” in a competitor,...

A letter of intent is not a non-binding intention: certain parts are immediately legally binding, and anyone who breaks off negotiations at the wrong moment risks liability for damages. Whether you...

For business contracts, there is no fixed statutory maximum term for which you may tacitly renew. A tacit renewal clause is valid in principle, but a judge may annul it if the renewal term...

A surprise clause is a clause in a contract or in general terms and conditions that the other party could not have expected to anticipate and that proves unreasonably disadvantageous to it. Because such a clause...

A buy-back clause is a contractual agreement that allows the seller to repurchase a sold asset at a later date under predetermined conditions. To draft such a clause properly, pay attention to four key considerations:...