Creative professionals often render their services through a distinct legal entity known as a “loan-out company”, because it loans-out the entertainer’s services. The use of a loan-out company can offer many benefits, including limiting personal liability, minimizing taxes and maximizing available benefits. The flip-side, however, is the administrative burdens and costs of properly maintaining the loan-out structure. Accordingly, a careful weighing of the potential benefits and burdens should be done before deciding whether to use a loan-out company.
Read MoreA user agreement is intended to be a contract between the website/application operator and its users. Unlike a typical contract, however, where the parties would normally sign to indicate their agreement to the terms (i.e., assent), web agreements do not always capture such express indications of approval. Courts have, nonetheless, been willing to recognize a binding contract where the user agreement is presented in a clear and conspicuous fashion and the user’s actions reasonably indicate an agreement to be bound. Thus, an uncluttered website/application design plays an important role in ensuring the enforceability of a user agreement.
Read MoreThe legalese contained on a website (commonly a User Agreement, Privacy Policy and Disclaimer) informs users of the host’s policies and procedures governing the website’s use; the collection, use and storage of personal information; and limitations to the host’s obligations or potential liabilities. Carefully crafted website legalese can help to set a user’s expectations and may facilitate dispute resolution or avoidance. PDF
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