The Creativa Vault FAQ

Can I edit The Creativa Vault contracts? 

Of course you can! They come in Microsoft Word so that you can copy/paste into any system, as well as make edits.  The contracts also give varying options depending on personal policies.


Can I see a sample contract before I buy? 

We are happy you are trying to protect your business with attorney-drafted contracts. 

We do not show sample contracts for several reasons.  Most customers aren't equipped to assess the legal sufficiency of contracts.  Although all of The Creativa Vault’s contracts are attorney-drafted, we always recommend that all contracts, whether purchased from The Creativa Vault or another shop, be reviewed by a local attorney.  Contracts are written to cover most customers' needs. Since local and state laws as well as business needs vary, a local lawyer is needed to make sure all those areas are taken into consideration. 


Sharing sample contracts also runs the risk of potential customers copying/pasting the contract language and never actually purchasing the document. Not only does this violate The Creativa Vault’s copyright, but copying/pasting contract language and piecing together your own contract poses its own risk to you.  


Every contract in The Creativa Vault shop has a product description that outlines the provisions in the contract.  The products also come in a .doc format which allow them to be edited by you or your attorney to fit your specific business needs. 


We can be reached by email for any questions you may have before purchasing. 


Can I use these in any state or outside the USA? 

What is the law behind these contract forms?

The Creativa Vault’s contract forms are drafted on general American law-based contract principles and are applicable to many states.  Due to variations in law based on location and business policies, the contracts are editable and easily adaptable. 


If you are a business owner outside the US, the policies may be implemented for your business, but U.S. Federal Copyright laws and other legal theories may not apply.

  

The contract templates provide a good foundation for a local attorney to amend for the laws of your country versus your attorney drafting from scratch. 


It is recommended that a local attorney review your contract, including changes, for legitimacy.  You can search your state bar listings for a contracts or business attorney.  We are working to add attorneys in other countries to the list. 


Why do you say I need to amend these contracts for my location?

While The Creativa Vault’s contracts go through a multi-level review process, we are unable to target in on every protection that you may want to include, plus laws can vary in different states and countries.  Try as we might, we do our best to provide a comprehensive and quality contract. 

The best part of having these contract forms available is that they can provide you with a higher quality, more comprehensive and cheaper bill with a local attorney.  


GDPR compliance 

Are your contracts drafted in accordance with GDPR compliance? 

The Website Privacy Policy has been updated to be in compliance with GDPR. If you are conducting business outside of the United States - please consult a local attorney to amend your templates.  It is very probable that your business’s website might be accessed by someone outside of the US.


Make sure you review the product descriptions to compare the documents and what is included in each product or bundle on the website. That could make a difference in which product you choose. Also, keep in mind that you must tailor the templates to suit your business needs. You can view the entire legal disclaimer here at this link >> Legal Disclaimer


It is recommended that you have a local lawyer review your contract, including any changes, for legitimacy. You can search your state bar listings for a contracts or business attorney. 

If you have any questions at all – feel free to reach out to nicole@creativaiplaw.com and ask! 


How do I fill out the beginning portion of the contract? 


Business name will be your business name. 

Entity type is the type of entity your business is (i.e. Sole Proprietor, Limited Liability Company, Corporation).   

State will be the state where you formally set up this entity. 

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Example: 

This Independent Contractor Agreement (“Agreement”) is entered into as of DATE, by and between YOUR BUSINESS NAME, a BUSINESS STATE AND ENTITY TYPE with a primary address of YOUR ADDRESS HERE(“Contractor”), and ­­­______________ with a primary contact address of ___________________________________ (“Client”), each a “Party” and collectively the “Parties.” 


Becomes: 

This Independent Contractor Agreement (“Agreement”) is entered into as of November 14, 2019, by and between KrateKeepers, LLC, a Louisiana Limited Liability Company with a primary address of 111 Puppypaws Street, Dogtown, TX, 78711(“Contractor”), and ­­­Jane Client with a primary contact address of 111 Client Street, Clientsville, TX 78731(“Client”), each a “Party” and collectively the “Parties.” 

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Do not touch the part that says "Contractor" or "Parties".  Anything in quotations like this is a term that is being defined within the contract. If you notice, you just outlined the name and entity type in the blank before it.  That means the term Contractor = Your Business Name, Entity type.   See example above.


How do I use these contracts? 

It couldn’t be easier! You simply fill in the blanks for your individual business information, rates, delivery timeline etc. There is also the option to add or delete any provisions as you, the business owner, sees fit. They come in .doc files so you can lift them for embedding on your website, or to add branding elements! 


What do the words in parentheses mean? Should I remove or replace those? 

The words in the parentheses or quotation marks act as defining terms so that the reader knows that when they see the same word listed in the document it refers to the person or organization whose name is entered in the space immediately preceding the parenthetical. 


Example: 

This Independent Contractor Agreement (“Agreement”) is entered into as of November 14, 2019, by and between KrateKeepers, LLC, a Louisiana Limited Liability Company with a primary address of 111 Puppypaws Street, Dogtown, TX, 78711(“Contractor”), and ­­­Jane Client with a primary contact address of 111 Client Street, Clientsville, TX 78731(“Client”), each a “Party” and collectively the “Parties.” 

---- 

Do not touch the part that says "Contractor" or "Parties".  Anything in quotations like this is a term that is being defined within the contract. If you notice, you just outlined the name and entity type in the blank before it.  That means the term Contractor = Your Business Name, Entity type.   See example above.


***READ FIRST*** 

Please note that not all of these clauses listed herewill be in your contract. This is a central knowledgebase for all types. Be sure to check your specific contract.  


What do I put for jurisdiction? 

We can’t advise you what to put but most business owners put either the location where their business is formed/doing business or where the service is to take place.   Choice of jurisdiction can have great bearing if you’re in a suit as this is a location of choice for opposing party. 

Hint: Typically it is where the business is based out of and/or doing business.   


Indemnification Clause 

This means that if something happens to the client or their property during the service or immediately surrounding events, you as the business owner are not held liable. 

It’s all about having multiple layers of protection: business formation, insurance, contracts, etc. Then more layers with the actions you take and provisions your contract has, including indemnification. 


Failure to Perform Clause 

This provision covers what happens if for some reason you’re unable to perform the service. It lists a whole bunch of reasons as to why this may happen, like illness, emergency, fire casualty, act of God, and so on. This provision also states, however, that you and the client will make every attempt to reschedule the event and if that isn’t possible, then you, the business owner/service provider, will return the retainer (less any expenses, if so agreed upon) to the Client and won’t be liable for anything else. So if you can’t reschedule and you have to cancel on your client for an emergency, you have to refund them the retainer fee (less any expenses incurred with an accounting). 


Sometimes clients forget that as service providers, we’re human too, and we get sick. Many times, clients don’t have an issue with rescheduling. 


Cancellation Clause 

This clause is really important because it covers cancellations. Clients may cancel for a number of reasons, and this provision covers what happens if they do. We’ll discuss later in this guide what happens if you, the service provider, must cancel, but this provision covers what happens if the client cancels, or if they need to amend the agreement and change the date or something. 

This provision states that the client must inform you a certain amount of calendar days before the agreed upon event date. The number of days that they must inform you ahead of the time that they cancel is up to you and your discretion, and whatever works best for you and your business. The contract also states that it’s up to you on whether or not you want to apply the fee to an agreed upon rescheduled date. So you can either require them to pay a new, additional fee to hold the date in your schedule for a rescheduled event, or you can apply the money they already paid you for the original event towards a rescheduled event. And that is totally your call. 

This provision also states that if the client fails to show or cancels within a certain number of days from the scheduled date then they forfeit the fee. So at that point, if they cancel after the cutoff date, the fee is nonrefundable and should not be applied to a future session (and this is again why you want your retainer fee to at least cover your time in case they don’t show, or in case they cancel on you really close to the date that you’ve potentially turned down other paying clients from booking). 


Waivers Clause 

This provision also covers waivers and states that “Any waiver of a breach or default will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.” This means that if you and your client agree to a modification of the contract one time, it doesn’t mean that that approves any and all modifications in the future automatically (even if it’s for the same type of modification). It means that each modification must be agreed upon, in writing, each time, by you and your client. 


So for example. Let’s say that the client rescheduled an appointment late, but I waive it for customer service reasons. This provision means that just because I waived a fee once that is stated in the contract that the client has to pay, doesn’t mean that the rest of the contract is invalidated (or that I have to waive the fee again if they reschedule late a second time). And this is important because it allows you to provide great customer service in some situations but doesn’t require you to if you don’t feel it’s appropriate. So if you do decide to amend this contract in any way, do not delete this provision


So we have a waiver of provision (like the example with the late reschedule fee). An example of a waiver of breach would be if the client doesn’t pay by a certain date but you say that’s ok. Everything in the contract is still intact even though I’ve waived that particular breach of contract. (But it also means that just because I waived one late payment doesn’t mean that all future late payments are waived too.) 


Use of Independent Contractor Clause 

It’s really common practice for consultants to hire an independent contractor for assistance on an engagement. And while I know that most consultants take great care in selecting their contractors, sometimes accidents happen. This provision protects you in case that happens, and also states that it is the client’s responsibility to tell the independent contractor about any issues they may have with the products or services they will be providing. That way it’s putting the responsibility on the client’s shoulders to make sure they’re being proactive in preventing something like that from happening. If they don’t tell the independent contractor about any issues they may have, this provision also covers you in that situation because it states that it is the client’s responsibility to communicate any of those issues. 


It is also important to remember that for an independent contractor to truly be an independent contractor, you cannot treat them as an employee. There are a lot of complicated legal ramifications of this distinction, but in a nutshell, the more that you direct the contractor, the more likely they are to be considered an employee. This is why you should inform the client that they need to direct enquires concerning the services the contractor will provide to that contractor. 

Assignees/Licensees 

It can be overwhelming understanding assignees and licensees.  Assignees are people or entities that the contract is assigned to. Licensees are people or entities it’s licensed to. These are used to give third party permissions.