If you’re here from LinkedIn, you know that I talked about noticing red flags within your contract and gave a sneak peek of what to look out for. 

Here are some other clauses to be aware of because it’s not just perpetuity and usage rights:

Is everything you discussed in your negotiations actually in the contract?

• Make sure there are no surprises.

• Does the SOW and brief match the contract language?

Is it one-sided? 

• A fair contract should work for both parties, not just one.

Governing law and dispute resolution – where and how will conflicts be resolved?

• Keep in mind rights of publicity and usage rights when it pertains to the choice of law (which state you select to govern).

• Arbitration is really expensive, but maybe mediation is a better alternative to court for the parties on your deal. Maybe multiple layers?

Are all parties' obligations and responsibilities well outlined? 

• Payment terms. Deliverables. Confidentiality. Morals clause. Non disparagement.

• There’s a lot to cover. 

Termination and Indemnification provisions. 

• Mutual termination. Pro rata shares. Does the license to use the content terminate when the agreement does?

• What is covered under indemnification? Is it mutual? Are there limitations to liability?

And don’t forget: Boilerplate clauses aren’t set in stone.

These standard terms are just as negotiable as anything else. Boilerplate only means they should be in there. And if they’re not, add them. Or call a lawyer to help you add them. 

Conference Recap!

Last week, I had the privilege of returning to my alma mater, The University of Tennessee College of Law, to celebrate the 10th anniversary of their Institute for Professional Leadership at a Symposium and Gala.

It was an incredible weekend spent reconnecting with former classmates, meeting future alumni, and engaging with judges, university presidents, and professors from my school and across the country. Each is passionate about one thing: cultivating leadership within the legal profession and helping lawyers become better leaders.

Now, back in Miami, I’m feeling inspired and energized to keep blazing a trail in the creator economy lawyer niche I’ve carved out for myself. Being a lawyer naturally positions me as a leader in my community, and I’m more mindful than ever of how I can continue providing value and opportunities for both myself and others through leadership.

This experience has sparked so many thoughts, ideas, and goals. I can't wait to share more reflections on my time on Rocky Top, so make sure you follow my LinkedIn for more!

Follow my firm’s Instagram to stay updated with legal news and any changes!

Thanks for reading!

Talk soon,

Kayla