This featured article is brought to you by: Berkley Sweetapple, Attorney

Starting a business is so exciting that a lot of the time we forget about protecting what we have worked so hard to create. Here are the top 5 legal mistakes I see entrepreneurs make when starting their online businesses. 

Not Securing Your Business Name 

Many people think that when they form an LLC or secure the domain name, that they own their business name. But actually, only having a registered trademark gives you the exclusive right to use your name in your industry. It’s a good idea to make sure that the name you choose isn’t infringing on someone else’s trademark (no one likes receiving a cease and desist forcing them to rebrand with a week’s notice). To make sure your name is secure, hire a trademark attorney to do a comprehensive search (it’s more than Google) and file your trademark application. 

Not Forming a Business Entity

Forming a business entity that limits liability acts as a wall around your personal assets (your home, bank account, car, etc.) in the event someone were ever to sue your company and get a judgment. While both LLCs and Corporations limit your personal liability, the two entities differ in terms of how taxes are paid, how money is raised, and what paperwork needs to be filed. It’s a good idea to consult an attorney and/or accountant to see which is right for your business needs.

Not Having Contracts

Sometimes business owners feel awkward making clients sign such formal agreements. But contracts actually help to avoid uncomfortable situations by establishing expectations and setting clear boundaries between parties. Contracts set forth the scope of work, define deliverables and state how parties get paid and what happens when one party fails to pay. They limit a party’s liability and determine where and how disputes can be handled. You must have a client contract to protect your income, an independent contractor agreement with your contractors, and a non-disclosure agreement with anyone who comes into contact with confidential business information.

Not Having Website Policies

Did you know that if you don’t have a privacy policy on your website you could be fined by the government or sued by private third parties, or have your Google/Facebook/Instagram ads shut down? Your Privacy Policy tells users how you collect and store user data. Both California and the EU have privacy laws that require specific legal language in your Privacy Policy. Your Website Terms of Use is also one of those very important legal documents located in the footer of your website. It’s your contract with anyone who visits your website or purchases your products, it tells visitors how they can behave, what kind of comments they can post, states any user account policies, explains your refund and payment policies, protects your intellectual property, and finally, spells out how and where any disputes are handled.

Not Having Disclaimers

Disclaimers are necessary if you giving any kind of advice on your website that involves an industry requiring any kind of license (medical, legal, financial industries). A disclaimer states that the reader should not rely on your advice, which protects you from liability. If you are receiving money for a product or were given a product for free in exchange for an endorsement, you also need to have an affiliate disclaimer per the Federal Trade Commission.

Not Copyrighting Your Work

You’ve spent time and money creating your digital product (photos, e-books, videos, courses, blog posts) but you have very little leverage against anyone who steals these things from you unless you register for copyright protection.

This featured article is brought to you by: Berkley Sweetapple, Attorney

Berkley is an attorney who helps business owners legally protect their online businesses. In addition to her legal template shop with affordable, easy-to-use contract templates, she specializes in contracts, trademarks, website policies, and copyright. Berkley has helped online business owners, including brands, influencers, web designers, graphic designers, interior designers, coaches, nutrition and fitness professionals, and photographers, get the peace of mind that comes with having a legally protected business. 

>>>>>> Access Berkley Sweetapple’s Template Shop Here to legally protect your business today. If you’re looking for a contract template for your business, Berkley Sweetapple is your go-to! Each contract is drafted and reviewed by multiple licensed attorneys and a creative in the relevant field to account for industry-specific scenarios. (whereas – most contracts you find online were either not drafted by an attorney or only had 1-2 attorneys review them). Whether you’re an online business coach, designer, freelancer, social media manager, virtual assistant, podcast host, photographer, contractor, influencer – or literally anything else – you NEED quality contracts in place in order to keep your business running smoothly & keep it protected 🔐 

If you’re ready to grab a template >> why not grab it and SAVE at the same time? << Use my code: AGENCYTWENTYTHREE at checkout for 20% off ANY template! As a bonus for taking that step in protecting your business & using my code at purchase, you’ll unlock 20% OFF a service with me! 🎉

>>>>>> Need a trademark but don’t know how to get one? Head to Berkley’s Website here to book a Trademark Consultation and protect your business today. ANY business who has invested their creativity, strategy, and hard-earned money into their brand should file a trademark to protect their business and investments. There’s no better time than now to lock in ownership of the brand you’ve worked so hard to build.

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