Crafting the Right Agreement

Do your company's product development, licensing, sales or distribution agreements and contracting protocols truly serve your company's needs?

Over the years, we've found that many companies use outdated agreement formats - formats that might have worked fine at startup, but no longer serve evolving business models. Some companies borrow agreements from other companies or deals, or simply use the wrong agreements altogether.

Some even mistake the goals of their services. For example, a company may say that it wants to "sell" its software applications when it actually wishes to sell a license to use that software application. Understanding the difference between a license agreement and a sales agreement is essential for companies wishing to retain all other rights, titles and interest in the software application.

Using an outdated or inappropriate agreement
Obsolete standard terms and conditions
Agreements that do not anticipate new technologies
Agreements that do not properly protect interests, assign risk and limit exposure
Borrowing agreement forms from other companies, deals or former employers
Negotiating special terms under pressure and not as part of a carefully considered strategy

Koltun & King works closely with clients to help them fully understand the legal implications of their business plan, how they intend to implement those plans on a day to day basis and how these realities affect their contracting and legal documentation requirements.