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Secrets for Negotiating a Better Contract

Tips:

  • Contracts with tricky terms are used to trick you. Be sure that any writing in the contract is clearly understood and legible before signing.
  • When contracts allow you to cancel in writing within a prescribed time, send the notice by certified mail, return receipt requested or by telegram.
  • Many contracts carry provisions, often in real small type, which state that no representations other than those contained in the contract itself are recognized.
  • The term "guaranteed" when used alone, means little and is ambiguous. Guarantees, unless specific are usually worthless.
  • In connection with home improvement and remodeling contracts, don't sign completion slips before the work is finished satisfactorily.
  • Installment sales contracts should contain an itemized listing of all charges and you should get a copy at the time of signing.

Watch out for:

  • Be sure the contract covers everything you want and is priced as agreed.
  • Be sure the contract covers all extra work and is properly priced, specific and is all that the salesperson promised.
  • Be sure you are not agreeing to pay for anything you do not want.
  • Read every line before you sign. Be sure to read the fine print and be sure it doesn't take away rights you were told or thought were yours.
  • Check out companies and comparison shop before signing anything.

Your signature binds you to a contract. After signing a contract, if you don't keep your agreement, the other party may take action against you. You have the right to cancel IF you can prove the contract is illegal or was induced by misrepresentation or fraud. Generally, if you break a contract after the allotted time on the contract, you probably forfeit your right to your deposit, too.

Nothing is "free" when you agree to pay for it in your contract.

Don't sign unless you can and intend to do what you agree to do.

Don't sign because of any verbal promise that the contract can be canceled later or because you were verbally promised something you didn't receive.

Any complaint against the seller doesn't relieve you of your obligation to pay the finance company or bank----unless there is a specific law addressing your issue.

Examine your contract for any provisions regarding cancellation. This action is particularly important when the contract was signed in your home or at some place other than the normal place of business for the seller.

Read every sales agreement before you sign it to save yourself from paying for things you do not receive by reading every sales, service or work agreement before you sign. Every such paper you sign is probably a contract. It usually binds both you and the seller to do certain things. Contracts can be long or short, but don't have to look legal to be binding. Because most contracts are written to protect the seller, watch to see that the contract also protects you!

You and the seller aren't bound by anything that is not in the contract. Be sure that the contract tells what the seller will do for you, as well as what you are to do.

If something in the contract doesn't apply to you, cross it out. If the seller will not accept it that way, you don't have to sign. Sometimes salespeople will tell you "that's only there for special conditions", or "pay no attention to that because we never enforce it" or "this clause doesn't apply to you". Don't accept it. The paper you sign is what counts!

Never sign a blank document where the work to be done or the merchandise to be purchased or the price and terms of the product or service are blank and will be filled in later. It's like signing a blank check. Always make sure you get an exact copy of any contract or agreement you sign.

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Before signing any contract

Before signing any contract you need to carefully examine all items in order to understand all the nuances. Inattention may subsequently lead to unpredictable consequences.

zorb

zorb from Europe

On the day before the

On the day before the official opening of the 45th Democratic National Convention, the "who's who" of political and media elites gathered to prepare for the glitz and glamour of the week long proceedings. They were met by hundreds of protesters critical of the Democratic platform who snarled traffic for hours. And somewhere in between, an estimated 500 conventioneers and local citizens convened at The Big Tent- the convention's activist hub -- to participate in "Live From Main Street," a town hall where progressive leaders and an energetic crowd debated the important interplay between activism and party politics. Hosted by GritTV's Laura Flanders and produced by The Media Consortium -- a network of progressive media outlets -- Live From Main Street Denver--"So You Say You Want Change? The Opportunities and Challenges Ahead"-- was the third in a series of five town hall meetings across the country in five months. In this installment, provided as a live, streaming webcast, Flanders interviewed a diverse set of progressive changemakers to discuss the nuts and bolts of harnessing electoral energy into tangible change -- and how much of it is really happening (or possible) this election cycle. In front of a packed house, opinions varied about the efficacy of the Democratic Party in achieving progressive goals, but all agreed that grassroots pressure and accountability is they key component in realizing those ends. "Barack Obama is phenomenal candidate, but Barack Obama didn't make this progressive movement," said Van Jones, founder and president of Green For All. "The pro-democracy movement made him." And in the policy world, Jones noted that legislators are already implementing progressive ideas long derided by conservatives as "pie-in-the-sky" solutions, such as sustainable alternatives to oil consumption. Despite these accomplishments, panelists asserted that is there is still room for growth. Founder and Director of Colorado's Alternative Radio David Barsamian challenged progressive activists to push Democratic Party leaders to enact a more humane foreign policy, one that focuses the nation's resources on diplomacy and development instead of throwing them "down the shoot into Pentagon crapholes." President and Co-Founder of the Center for the Advancement of Women Faye Wattleton shared Barsamian's sentiments, commenting that the recently released party platform contained few explicit references to women's rights. "Fifty-seven percent of Democrats are women," she said, "and our presence needs to be more dominant." The town hall also narrowed in on the issues within the Rocky Mountain region. Of course, Denver hosting the national convention is no accident. In a region that boasts a rich history of conservation, social tolerance, and worker's rights, Democrats have gained strength using an approach that Lt. Col. Jay Fawcett called "pioneer pragmatism." Fawcett, founder of Colorado's Western Strategies Center and a former congressional candidate, says Coloradoans in historically conservative districts aren't interested in either dogmatic views on hot-button social issues or the fear-based campaigns conservatives like Karl Rove have perfected to drum up right-wing support. Instead, they want legislators to discuss policy issues substantively, work across the aisle when the opportunity presents itself, and pass bills that make a difference in people's lives. Panelist Andre Banks praised Fawcett for his emphasis on hope and consensus-building, but the Deputy Director of the online citizens' lobby Color of Change warned against the common tendency progressives have to ignore issues of racial justice, especially in a party as ideologically and socioeconomically diverse as the Democrats. "If we don't put [racial justice] at the center," he said, "we wont get to the end points we want to see." Bestselling author and journalist David Sirota reminded his fellow panelists that pioneer pragmatism and racial justice are not mutually exclusive. In fact, the best way to appeal to voters of all stripes is by reversing the 30-year class war that's pitted ordinary people against Big Business and the lawmakers who do its bidding Democrats included. "Democrats still face a schism between who it goes to bat for -- money or people," said Sirota. "If we're going to address globalization and wages, immigration â?¦ and educational equality, we need a party willing to be the people party." Congresswoman Donna Edwards, who closed out the event, is a card-carrying member of the people's party. Elected in a June special election after ousting 15-year incumbent Al Wynn in the Democratic primary, the charismatic Edwards was once skeptical of the work done on Capitol Hill. Now, she thinks it's crucial for progressives to stand strong in the halls of Congress and push the nation's agenda leftward. Karren Pope-Onwuke agrees. A lawyer, community activist, and DNC delegate from Edwards' district, Pope-Onwuke worked for three years with church ladies and young political rookies to elect Edwards, a move she told the audience will have a lasting impact in Washington. "We are people who have struggled and survived and decided we want to make a difference on the inside," she said, "and I think we can do that." Will the glacial pace legislation often takes in Washington discourage the two women from Prince George's County? Not likely. Edwards knew the risks when she accepted the job and she intends to plug away at issues important to her constituents, like health care and foreign policy reform. Both also reiterated the importance of community involvement in pushing legislators to stand firm out positions on which they might otherwise compromise. Before voters go to the polls in November, LFMS will host two more forums--in September, LFMS will visit Columbus, OH to discuss voting rights and one month later, the program will convene an all-women panel on national security in Seattle, WA.


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As I can see you are really

As I can see you are really charmed by this person also as by his charisma and his act. I don't know maybe it's quite impulsive but after reading this I have an itch to attend his seminar also as to make his acquaintance. Maybe he has the gift of persuasion even through the screen, even indirectly, with the assistance of his best admires ;)

Not only is this book (and

Not only is this book (and it's prequel, "Confessions of a Record Producer") the real deal, so is the man who wrote it. I was so impressed by his first book that I contacted him as a consultant on a producer/artist agreement I was negotiating (I am a producer). My goal was to come up with something that was actually fair to both parties and Moses got us to that point quickly. His suggestions were works of innovation that surprised and satisfied everyone.

I also attended his 2-day seminar which dissects recording contracts. Here he dispelled the many misconceptions I had about record companies and their contracts AND he helped me to understand what is really being said in these contracts (and it's scary!).

He is not a lawyer, but one of the most insightful men I've met. Lawyers pay HIM for his advice. He REALLY understands contracts and explain things in a manner no one else seems to be able to do - it must be a sixth sense.. Highly recommended reading. Both his books should be permanent reference books for anyone in the music business. Besides, they're fun reads, unlike most other "how-to" music-biz books.

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