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Business Agreements

Legal Enablers writes, reviews and negotiates contracts/agreements for each stage of your business growth:

1- Contracts for starting your business:

  • Co-Founder Agreements

  • Customer Agreements

    • ​Terms of Trade/Customer Agreements

    • Subscription Agreements
       

  • Agreements for your website

    • Terms and Conditions

    • Privacy Policies
       

  • Supplier Agreements

    • ​Supply Agreements

    • Service Level Agreements (SLAs)

    • Whitelabel Agreements​

 

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3- Buying and Selling your business

  • Sale and purchase of a business- we can help you sell your
    business or undertake strategic acquisitions.

Contact Legal Enablers on (03) 8691 3128 or hello@legalenablers.com for a free quote. 

2- Scaling your business:

  • Staff Agreements

    • ​Employment Agreements

    • Freelance Agreements/Independent Contractor Agreements

    • Remote work Agreements
       

  • Office, retail or warehouse space

    • Commercial Lease

    • Retail Lease

    • Virtual Office Agreement

    • Serviced Office Agreements and Co-Working Agreements
       

  • Business Structures and Scaling

    • Franchise Agreements

    • License Agreements

    • Service Agreements between entities
       

  • Intellectual Property

    • License Agreements

    • Assignments

    • Product Distribution Agreements

    • Affiliate Agreements

Frequently asked questions

What is a Memorandum of Understanding (MOU) and is it legally binding?


A Memorandum of Understanding is a record of the parties' discussions and goodwill. It is not a contract. Is an MOU legally binding? Generally no, because it usually has not reached the elements of a valid contract, but occasionally it might. Should you have any questions, please do not hesitate to contact me on (03) 8691 3128. Best wishes,
Caroline Mense
Principal Lawyer at Legal Enablers




What is a Heads of Agreement (HOA) and is it legally binding?


A Heads of Agreement documents the intentions of parties to enter into an agreement in the future and how the contract negotiations will occur. It is not the final contract. Is a Heads of Agreement legally binding? A well crafted HOA is legally binding. A good Heads of Agreement will set out: 1- The process for negotiating a contract; 2- Record the terms the parties agreed to in principal at that time; 3- Set out aspects of the pre-contractual relationship including NDA/confidentiality clauses, exclusivity anddue dilligence processes. 4- Set out how intellecutal property is managed; 5- The substance of the later deal has not yet been agreed to, the process for negotiating the deal is and the parties agree to the process written in the Heads of Agreement document. Should you have any questions, please do not hesitate to contact me on (03) 8691 3128. Best wishes,
Caroline Mense
Principal Lawyer at Legal Enablers




How do I sign a contract?


There are many ways to sign a contract. You can: 1- Sign on paper. Sometimes you will need a witness. 2- Sign by clicking "I agree". 3- Sign through an "electronic signature". Here, you either type out your name or you draw your signature using a touch pad. 4- Sign through a "digital signature". Digital signatures relies on encryption to keep the signature private and secure. When a contract is signed using a digital signature, the time and date of signature is recorded.




What's the difference between a Contract and an Agreement?


There is no legal difference between a contract and an agreement. The words can be used interchangeably. Wording wise, the word "Agreement" is more collaborative in nature, so I prefer it. Should you have any questions, please do not hesitate to contact me on carolinem@legalenablers.com or (03) 8691 3128. Best wishes,
Caroline Mense
Principal Lawyer at Legal Enablers




Is a handshake agreement legally enforceable?


A handshake agreement may make a legally binding agreement. It is difficult to enforce a handshake agreement in Court because you and the other side may forget or disagree about what was agreed. Contracts preserve relationships. Contact us for a free strategy consultation on (03) 8691 3128. Best wishes,
Caroline Mense, Principal Lawyer
Legal Enablers Pty Ltd




What should a shareholders agreement incude?


The key elements you need in a shareholder agreement are: Director appointments: How and when directors are appointed to the company and how and when they can be removed. How shares are paid for and issued: Shares can be paid for through paying money, sharing their IP or providing services ('sweat equity'), How the company is managed: The agreement should set out the types of decisions the director(s) can make on their own, which ones need to go to a vote, the voting procedures and whether they need a majority approval (50%), special majority (75%) or absolute majority (100%). Shareholder obligations: Where the shareholders are expected to provide services or IP for their shares, the conditions and requirement should be spelt out clearly. Shareholder rights: The shareholders are the owners of the company based on their percentage of ownership and share class. Different share classes have different rights. Examples of shareholder rights can include voting rights, participation in key company decisions such as appointment of directors and CEO, payment of dividends, a meetings, information access rights such as management reports and the company's financials. Share transfers: The agreement should set out when and how are shares sold. It should set out whether the shareholders can force another shareholder to sell their shares. These clauses are known as "drag along" and "tag along" rights. Disputes: The agreement should set out what happens if there is a dispute. This can relate to share sales, voting rights and dispute resolution processes. Exits: The agreement should set out an exit strategy. This makes people's rights clear from the outset. Examples of exits include buy outs of shares, listing the company for sale or the shares on the stock exchange. The agreement should set out both voluntary and forced sales of shares. Should you have any questions, please do not hesitate to contact me on carolinem@legalenablers.com or (03) 8691 3128. Kind regards, Caroline Mense Principal Lawyer at Legal Enablers




How does a joint venture work?


A joint venture is a business collaboration were the parties share ideas, intelllectual property, staff and profits whilst maintaining their own separate business entities.





Contact Us

Level 14, 330 Collins Street
Melbourne VIC 3000
 

Ph: 03 8691 3128

E: carolinem@legalenablers.com​

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Legal Enablers acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation.

 

We acknowledge and respect the continuation of cultural, spiritual and educational practices of the Aboriginal and Torres Straight Islander peoples.

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Contact:
 
Call: (03) 8691 3128
Email: hello@legalenablers.com
Level 14, 330 Collins Street
Melbourne VIC 3000