Episode description

On this episode of It's the Bottom Line that Matters, Daniel McCraine and Jennifer Glass delve into the world of negotiating contracts after closing deals. They emphasize the importance of scrutinizing indemnification and force majeure clauses to ensure fairness for both parties involved. Understanding the implications of these clauses and the need for mutual indemnification is key in protecting oneself from potential harm. They provide real-life examples, such as including a clause addressing pandemics in contracts with hotel venues. The speakers stressed the significance of clear expectations and the involvement of counsel in reviewing agreements to minimize ambiguity and liability.

Furthermore, Daniel and Jennifer discuss the importance of equitable agreements and advise consulting an attorney to ensure fairness. They suggest using a simple guideline of considering whether one would ask their own grandmother to sign the same agreement as a measure of fairness. They caution against the "win at all costs" mentality in negotiations and highlight the importance of equity from the start to avoid future conflicts and unfavorable outcomes.

The hosts also touch on the significance of understanding one's position of strength or weakness in negotiations, making informed decisions, and avoiding high-pressure sales tactics. They encourage listeners to read and understand contracts thoroughly before signing and share valuable tools, such as EULAlyzer, for scanning end-user license agreements.

Throughout the episode, Daniel and Jennifer draw from their own experiences with contracts and highlight the importance of approaching them through both a business and legal lens. They emphasize that everything in a contract is negotiable, from prices and duration to additional services and future agreements. They emphasize the value of compromise and finding a path that benefits both parties. Even though they have standard terms in their contracts, they are open to customization and offering alternative packages to ensure client satisfaction.

The podcast, It's The Bottom Line That Matters, is dedicated to listener success, and this episode provides valuable insights on negotiating contracts after closing deals. Tune in to hear their thoughts on negotiating agreements and gain valuable tips on how to navigate this crucial aspect of business.

As an important disclaimer, nothing in this episode is meant to imply or create an attorney-client relationship and you are strongly urged to still consult with your legal professionals prior to undertaking any of the advice in this episode.