A well drafted contract accurately represents what both parties expect from the agreement. Your nonprofit organization could end up in court or out of pocket large sums of money if you don’t get it right. It is, therefore, important to have the contract represent all parties’ expectations.
Quite simply, a contract is an agreement between two parties that can be enforced by a court. It involves an offer by one party to provide something of value to another party, followed by the other party’s acceptance of the offer and exchanging money or something else of value in consideration for the services or goods that are to be provided.
Force majeure has become the word du jour; French for superior force, it refers to a principle of contract law in which parties to a contract can limit their liability and performance obligations. In the simplest terms, it allows parties to suspend or discontinue the performance of contractual obligations in cases of emergent circumstances beyond the parties’ control. It may also operate to limit contractual liability. But its practical application is nuanced. Here’s what you need to know:
Your Privacy and Legal Notice Webpage cannot be a last-minute matter anymore but must be a prominent feature on your entire website and be composed of words that the average user can comprehend without the need for a lawyer.
Have you ever had an idea you can see so clearly, so precisely, that you know it has to be shared with the rest of your community, state, country, or even the whole world? You’ve probably thought about starting a non-profit organization as a way to turn your dream into a reality.
It’s important to remember that a non-profit organization is a business, just like all the for-profit companies out there. You should think like a CEO right from the start. With the proper tools and support, you can start giving back to your community and changing lives. In this post, we’ll explore four things you should do as you make plans to get your non-profit organization up and running.
Nonprofits tend to view MOUs as a kinder gentler way to document their intentions. However, a contract is, at its core, an offer by one party to do something, an acceptance by the other party, and the promise to exchange something of value to seal the deal. Under this definition, the MOUs we see nonprofits create are almost always bare bones legal contracts.
In my practice representing nonprofit and tax-exempt organizations, there are often themes that emerge. Over the last few weeks I have had a spate of calls from would be nonprofits that paid either a nonprofit start-up consultant or a document preparation company to form their nonprofit and handle their IRS filings. In each case, the work product that made it to my office required substantially more work to fix than it would have taken to do properly the first time around. You get what you pay for, and sometimes, you pay dearly for what you get. Before hiring someone to help you with the legal and tax aspects of starting a nonprofit, make sure they are licensed to provide the type of assistance they are offering, have specific experience representing nonprofits, and are in fact representing you rather than helping you to commit malpractice on yourself.