Check
sources like West's Legal Forms for templates of contracts. This can save you
time and may help you to think of things you might have missed when drafting
from scratch.
Be sure to
include the legal names of the people who are entering into contract. This
can be individuals, partnerships, or corporations. If it is a business, make
sure the person signing is in a position to contract for the company and
includes his/her title in the signature line.
Identify
the contract with a heading so that it is easily distinguishable from other
documents and states the purpose of the document.
Make sure
the contract includes a date that the contract starts and ends.
Include
what each party is to do.
You may
want to include terms for how a contract can be legally broken. Include
penalties for the breaching party, if any.
You may
wish to include a non-compete agreement. The terms must be reasonable and
spell out what incorporates a breach. Is it days? Distance?
Group like
items together in separate paragraphs. For example, the duties of each party
will go in a separate paragraph. The length of the contract goes in a
separate paragraph. The compensation due and the terms of payment go in a
separate paragraph, etc.
Keep the
language clear and do not repeat. If a contract is breached and goes to
court, any ambiguity goes in the favor of the person who did not write it.
Tips to avoid ambiguity: If using numbers, write both the word and the
number (ten, 10). Use the same term to describe the same object or action
throughout. Avoid jargon. Define anything that may be unclear. (“day”- 24
hour period beginning at midnight on the 14th of December) You may
wish to include language that clearly states what is not included to avoid
ambiguity (such as “Contracting party is an independent contractor and shall
provide her own materials to do this job and is responsible for paying all
due taxes.”
Insert a
choice of law, jurisdiction and statement clarifying who pays what legal fees
to keep the ball in your court in case of breach.
All
contracting parties must sign their legal names.
Disclaimer:
Please remember that this information is based
on general facts and might not apply to specific factual situations. Laws of
each state may differ substantially. Please do not consider this information
to be specific legal advice. Always consult a lawyer to apply the law to your
specific facts and state. Using this advice does not constitute an
attorney/client relationship and the author does not claim to in fact be an
attorney.