kirstie McLellan Day kirstie McLellan Day - The MOMpreneur

If you have an agreement with a
manufacturer, you will probably want
a confidentiality clause and some terms
regarding ownership of the product.
an agreement with a manufacturer, you will probably want a
confidentiality clause and some terms regarding ownership
of the product.
When it comes to drawing up and negotiating a lease,
Seiferling says every lease is different. A bit of groundwork
before showing a new lease to a lawyer can save time
and money.
“Know the area you’re getting into. Go to businesses in the
area and ask them what their lease terms are, if they’re able
to disclose that. Who’s done the upkeep of the building? Talk
to the previous tenant and find out why they left,” he says.
Provisions can be made within the lease in the event that
your business folds or you declare bankruptcy. Every aspect
of the lease can be negotiated including the length of term
and the price.
The trouble with many agreements is that some transactions,
apart from those that require legal documentation such as
real estate purchases, are verbal.
“A contract consists of an offer and someone to accept that
offer in exchange for consideration. As soon as you have
that acceptance, you have an agreement. Under Consumer
Protection Laws, technically you don’t need an invoice
or receipt. You can have an agreement to buy something
without anything in writing.”
Which is why Seiferling strongly suggests that to make any
agreement enforceable, it must be drawn up, agreed upon
and signed. “Do your research and talk to people before you
sign any sort of contract,” he emphasizes.
ResouRces
sbinfocanada.about.com
bizpal.ca
cipo.ic.gc.ca
There is a long list of contracts, permits, licenses and legal
technicalities that every small business owner will run across.
It’s the cost of doing business, however the time spent up
front unraveling red tape will not only make you wiser, it will
make you money down the road.
What’s in a name?
Many new mothers who value both breast feeding and
modesty cover up with a blanket when nursing in public,
but Nancy Armstrong of Regina wanted something more
secure. Something that would also allow her baby to look
up at her while nursing. In 2009 she cleverly designed a
multi-purpose canopy that provided privacy for mom
and protection for baby. A cover-up that looked stylish;
something that didn’t scream “don’t look – I’m breast
feeding!”
She also gave it a clever name: The Booby Trapper, a very
memorable name that generates a lot of smiles. However,
the federal government failed to see the humour in the
name of Armstrong’s invention and denied her trademark
application stating that the name of her product was vulgar.
“We have until October to appeal this decision,” says
Armstrong. “At this point, we're not sure what to do. We
might have to consider a name change or proceed without
the trademark.”
She filed her application for a Canadian patent in January
2009 and says so far there haven’t been any roadblocks.
www.boobytrapper.ca
Cindy Stephen is a freelance writer and
mother of six. She is a regular contributor
to MOMpreneur ® .
36 MOMpreneur ® � July/August 2010