Companies are increasingly focused on their “core competencies,” outsourcing all other functions – sales, bookkeeping, IT, customer and product support, warranty work – to third party professionals and their companies. Drafting agreements to capture this work is unlike drafting a conventional employment agreement. It requires a sophisticated understanding of the service, benchmarks for performance and reporting, the protection of highly confidential business information, and much more. The underlying agreement must carefully create the complex interactions of all of these elements for the client to get the benefit of its bargain. This program will provide you with a practical guide to drafting services agreements in business.
- Drafting services agreements for “hard” and “soft” services
- Scope of services provided, modification of services, and relationship to fees
- Performance standards and timeliness of delivery of services
- Types of fee structures and common traps
- Ensuring ownership of key files, records, “know how,” customer lists, and trade secrets
- Issues related to sub-contracting, designation of agents, and assignment of the contract
- Conflicts of interest, limitation of liability, and indemnification
Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for ethics, elimination of bias or Kansas credit.
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