Too good to be true?
My friend wanted a passive income stream, which means making money without actively selling a product or service. A business associate suggested a product line, explained that customers would order online and she would make money. She went to an information session, was sold on the products and signed up without having a lawyer look at the documents.
She sold the products, and then wanted to known when she would be collecting her payments. It was then she was told she would not be paid, but instead received points towards products. It was not a passive income stream she was looking for, but instead a multi level marketing company or MLM.
MLM
Multi level marketing is a system where one business person, the top of the pyramid, receives commissions of their sales and the sales of others they get to sign up under them. It is sometimes referred to a pyramid scheme. This is not to say that they are all illegitimate, they are money makers for some.
What you should look for?
If you want to sell product, you have been approached and are interested, then there are some things you should keep in mind.
• Recognize that you are signing a contract. You may want to have a lawyer review it.
• Is there a penalty if you decide to terminate it?
• Can you easily terminate the contract?
• Next, look at how much money you have to give up front.
• Is the only way for you to make money to find someone else to sell with you so that you gain their commissions?
• Can you just sell the products in your office and do a markup. In this way you are treating the company more as a distributor.
There are opportunities in multi level marketing, but there are also risks. You need to have a good understanding of what it expected for you to make money before signing the contract.
Contact TrueNorth Business Consulting for your legal coaching needs to review your MLM contract.
Most small businesses accept the idea of a verbal contract, agreeing to terms that were said. If there is a problem, then they hope each side has perfect recall. More often than not, memories are faulty and the business relationship is broken.
When a verbal contract is not used, there is a written contract and the small business owner finds it overwhelming. Does not understand it, but signs it anyway because it is supposed to provide protection for both parties. Plus, the business owner wants the money the contract promises when he/she performs their service.
In legal coaching my first question is: What do you need to be protected against?
There are all sorts of risk from financial to physical. If you are afraid that if something goes wrong and you could lose everything, then you need to make sure you understand the damages section in the contract.
You need to make a list, in your own terminology from your own experience of what can happen. Can you afford to be paid at the completion of the project which may be a year or two years later? What if you are unable to deliver your product or service? What could happen that will stop you from completing the project?
Next you want to think about the client, since that is who is receiving your service. From their point of view what can happen? To answer this question you can use personal experience, and you may want to do some research. What have been problems that clients have had when using vendors in the same service? Using the internet you can see what the issues have been with that particular client, and then make sure to contract to avoid them from happening again. This is a great opportunity to hone your business.
Then my job is to help you understand how that can be added into a contract, and bring awareness so that you can complete contracts confidently. I can also point out if a contract does not minimize the risk, then there are other ways to protect yourself.
Contracts are a common occurrence in the business world, which you need to manage successfully.
Most businesses, in my experience, are unable to afford a lawyer for every contract they sign; they are basing decisions on their own expertise, which is not the law. Using services provided by TrueNorth Business Consulting can help you learn to make these decisions on an ongoing basis with confidence.
I was reviewing a contract for a client who was offered what seemed to be a great business opportunity. No money up front, but a share in the profits. It seemed to good to be true, and as I read I found numerous issues which needed to be discussed.
In speaking with my client I found the need to backtrack and explain and define many terms that as a business person she needed to know to be able to make daily decisions. The words tumbled out of my mouth, “Each decision has legal ramifications.”
A scary thought for my client, which put what s/he was about to do in perspective. Suddenly, my hypothetical questions like, “What happens if you do not want to sell the business?” Because according to the paperwork I read my client, in a weaker position, would be forced to sell. This was not even a daily decision either– day to day things like purchasing office products, dealing with employees and clients.
It can be overwhelming because my client did not have a business background, but this was an opportunity, granted with some negotiation and some risk, but still in essence there was some possibilities. So here was my advice.
1. Do not panic.
2. Ask questions until you are clear or you make yourself clear.
3. Separate your personal feelings…this is not your friend, but a business associate.
4. Do not be rushed in making a decision. On things I am unfamiliar with (as a business person too) I invoke a 24 hour rule. It works on emails too.
5. Collect opinions because people have been faced with similar situations before, and you can learn from their history.
My client feels empowered now with understanding, and that is what you are striving for- to be able to make confident decisions especially in the New Year!
