A restraint of trade is usually requested to protect business revenue and reputation. A confidentiality agreement regarding the use of confidential information may have some of the same effects as a restraint of trade, but they are not the same thing.
As a small business operator in Australia, entering into a distribution agreement can be a beneficial way to expand your reach and increase sales. Distribution agreements are contracts between two parties where one party agrees to distribute the products or services of the other party in a particular territory or market.
If you have previously paid little attention to your standard form contracts, you are now advised to review your established business practices or potentially face being held liable for severe penalties for seeking to impose or enforce any unfair contract terms.
Generally speaking, in a revenue share deal one partner has unique skills which can enhance the performance of a business beyond its current state (eg. strategy), and the other party has a business they want to improve, without the knowledge or experience to do so (eg. operations). As the operations person, the strategic partner often becomes your objective, trusted advisor and promoter, without having any control, ownership or decision making in the business.
As a Business Owner it is hard to find practical legal answers. Watch these 7 short videos to better protect your business online and how to manage the essential legal issues. Get the answers you need for your business about Consumer Protection, Privacy, Terms & Conditions, Website Ownership, Copyright Law, Managing Testimonials, Comments and Review and staying Anti-Spam Compliant.
As with all business relationships, it is important for all parties to understand their rights and responsibilities, contributions, and entitlements. This is the same for the shareholders of a company.
If you are interested in buying a business, whether this is your first time or your tenth, there are some key legal issues you should be aware of.
Registered health practitioners in Australia are required to comply with AHPRA (Australian Health Practitioner Regulation Agency) advertising guidelines. So can doctors use testimonials in Australia? Read more here.
Need help understanding your business name situation, or want to register your business name as a trade mark?
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