Business Law

Contracts and Agreements

Operating Agreements/ Partnership Agreements

There are many ways to organize your Hamilton County business but the agreement you have amongst partners or other owners is very important.   An LLC, or limited liability company, is a very popular form of entity that is chosen in Indiana.   An operating agreement is one of the most important document to complete if choosing this type of entity.  This document, once signed by the members is a binding contracts that controls the financial and functional aspects of the LLC.  There are many advantages to obtain a well drafted Operating agreement.  A few include; (1)Each state has its own default rules regarding Limited Liability Companies so it is wise to draft an operating agreement exactly to meet your goals.  A well drafted operating agreement will trump any default LLC rules.  (2) While conflicts in the Business arena are inevitable the operating agreement will help alleviate issues and avoid possible litigation. (3) While LLC’s members are afforded many protections from personal liability, there are ways to pierce the corporate veil and one factor is the absence of an operating agreement.  Partnership agreements are very similar and use similar language.  Duepner Law has experience drafting and reviewing each of these contracts to ensure you are protected appropriately.

Employment Contracts

Services include drafting and negotiating employment Contracts for our business clients.   Indiana is at “At Will” state and Duepner Law can help  advise the proper situation to use an employment agreement.  When appropriate, The employment contract is designed to protect the employer.  Contracts will include sections such as non-solicit, non-compete covenants, terms duration, compensation, benefits packages and confidentiality provisions.  If you are an employee, Duepner Law can advise of your rights and help explain the terms of an Employment Contact and its provisions found within.

Customer Contracts

So you have made a sale for goods or services, now it is time to protect that agreement with a formal contract. While everyone can put together a simple agreement document, it is important to know what is binding and will hold up in a court of law.  Otherwise its not worth the paper its written on.   At Duepner Law we understand this importance and  draft documents so they are effective in case of default, ultimately protecting you. We tailer these contracts to your type of business and include many legal clauses that you would not think to include to protect yourself. Ultimately a well drafted contract can ensure that you get paid.

Website terms of service

This is must when operating a e-commerce site.  We have experience writing and reviewing these and can help protect you business.

Subcontractor Agreement Contracts

These contract are so often forgotten and can be a thorn in your side if things go array.

Other common types of Contracts that Duepner law has drafted and can help you with.
Royalty contracts- Have a brand, service, or product that you wish to grant a exclusive or non exclusive license to use and want to be paid in return. Many aspect can go into these agreements and can be simple to very complex depending on each situation.

Maintenance contract

janitorial, landscaping, carpet cleaning, HVAC and any service that could lead to monthly work should look into a well drafted agreement. Getting customers under contract is a great way to secure future income and marketability of your business.

Lien waivers- A general contractor must- before you pay invoices be sure to get lien waivers to avoid mechanic’s lein issues in the future and potential litigation.

Leases- Residential and commercial drafting, review, and negotiation.

Don’t just sign the landlords lease that he has drafted in his favor. Have one of our attorneys review and negotiation on your behalf. We have reviewed and draft many leases and have negotiated favorable terms for our clients.

Non competes

Terminated Employees can damage your business in multiple ways. Protect you business with well drafted Non compete. Courts tend to disfavor these agreements so knowing what works and what doesn’t is key to upholding these.

Non disclosures

Protect your business assets. Employees come and go. Keep your prosecures and internal information confidential and hold employees and former employees from disclosing and ultimately stealing your business.

Confidentiality agreements

These can be created for many purposes. Have an idea that you are presenting but want the recipient to keep it confidential.

Purchase Agreements

Why pay expensive commission to a realtor. We can help draft your purchase agreements and counteroffers for a reasonable flat fee regardless of the price.

Releases- Usually in conjunction with a settlement agreement for a collection account or personal injury claim but should be used for any mutual exchange. Releases need to include proper language and we can draft these even if we did not handle the underlying case.

Separation agreements-make sure you are following all the proper procedure to avoid a lawsuit. We provide consultations at a reasonable cost and/or can create documents to help minimize your exposure.

Indemnity Agreement-

transfer risk from one party to another

Settlement Agreement-

This is a very important contract when negotiation settlement. Some can be as simple as one page but in complex case can be rather extensive. All aspects of settlement must be covered, many of which could easily be missed if not prepared or reviewed by an attorney.