But when you go to read the fine print of the contract…you aren’t sure what it says, and what the provision means as its written. 

Here are a few tips on how to read and interpret IP paragraphs: 

“IP” = stands for intellectual property, which includes all original work you (or the other party) has or will create. It could include audio, video, captions, course materials, modules, photographs, blog posts, etc. 

Ownership = if the paragraph addresses ownership of IP, you want to make sure YOU will be the owner of anything you create. Watch out for words indicating they will own all content created, they will own all IP, or anything like that. If you see anything referencing their ownership of all IP, you know you need to go back and renegotiate, to make sure you will be the owner of what you create. 

Assigning = the IP paragraph could also reference you “assigning” your IP to them. This is another way to say they will own it, and basically means you’ll be giving it to them. If you want to own the work you create in connection with the partnership or joint venture, make sure you aren’t assigning your IP rights to them. 

Licensing = if the contract references “licensing” your IP, this means you will give them permission to use the IP for a period of time. If the contract has you licensing your IP for a period of time, make sure you can see when the licensing period ends, and that it doesn’t continue on forever! You don’t want it to say licensing “in perpetuity” = this means “forever” and should be removed!

The IP paragraph may also reference you licensing their IP, in the event you’ll be using their trademarks, copyrighted material, or anything else that belongs to them in order to create your content. If this is part of the agreement, make sure you have the right to use whatever you need in order to create the content you’re agreeing to create. 

If you have any questions or uncertainties about what rights you may be giving away in a contract that references intellectual property ownership, don’t hesitate to reach out to an attorney for help navigating the agreement! When you enter into a partnership or joint venture where your original work is being used, making sure you own the rights in your work is of vital importance! 

Grab my FREE Legal Checklist to see if Your Business is Legally Compliant!

The post POV: Contract Interpretation – Intellectual Property Rights appeared first on Christy Westerfeld.

In order to protect things like logos, slogans, taglines, business names, and course or product names, I highly recommend beginning the process of filing a TRADEMARK application with a trademark attorney. 

Why?? Here are my top 3 reasons: 

1. BRAND PROTECTION 

How much time, energy, and money have you invested into your branding so far? Do you have a logo? Do you have a signature course, program, or product that you are working really hard to grow? Do you want to have actual OWNERSHIP over your business name? If the answer is yes, what you need is a TRADEMARK for each of those things. Owning the trademark in things like your business name, course/product name, and logo give you exclusive rights to that name and logo, and allow you to easily prevent others anywhere in the nation from using anything that is identical OR confusingly similar. 

What would that do for you and your business? It would allow you to build brand awareness in your brand. For example, when you see a popular logo…like the Starbucks logo, McDonald’s “M” or Nike “swoosh” — you immediately think of that company, correct? Each of those brands has done a wonderful job in building consumer awareness around their brand and logo, and teaching the public to recognize a specific image as belonging to their company. 

2. EXCLUSIVITY 

What would it do for your business and brand if you were the ONLY one who could use your business name, AND you could prevent anyone else from using not only the identical name, but anything confusingly similar to it? It would make it a lot easier for you to build consumer awareness, and carve out a specific space in the online marketplace, right? If EVERYONE knew that “B-School” was your online course, or “BossBabe” was the name of your company, you’d be able to build a following around that signature brand, and teach consumers to recognize your brand. Because those companies have taken the legal initiative to protect their brands, they now have the EXCLUSIVE rights to use those names. 

3. EASY TO ESTABLISH OWNERSHIP 

Have you ever heard of companies getting into legal tiffs over who created a certain piece of content first (and who copied) or who was the first to use a business name? Often times, when there is a dispute over who was the first to use a certain company name, logo, course name, or other branding element, each company will struggle to pull together evidence of the date in which they first used the name. If you have filed a trademark with the U.S. Patent & Trademark Office, the registration certificate gives a clear date of first use, date of application, and date of registration, making it VERY easy for you to clearly establish your rights, and ensure anyone who attempts to use anything similar to your registered trademark is stopped immediately. 
Overall, if you have any piece of your branding that you would like the exclusive right to use, and would like to ensure you are protecting it, I HIGHLY recommend starting your trademark application today! Reach out to me at christy@christywesterfeld.com for information on our simple and easy trademarking process.

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Plus (fun fact!) I used to BE a certified health coach as a part-time side hustle, when I was working as a corporate attorney. (It’s amazing what you can accomplish in your 20’s before you have kids). 

So whether you’re just starting out, have a few consistent clients, or run a 6 or 7-figure empire, there are the SAME legal requirements in place, and the same issues for not creating a legally compliant, legally sound business. In my opinion, the BEST time to get these things in place is the beginning – set a strong foundation, and watch it grow as a stable, compliant, reliable business…not the house of cards that may come crashing down at any moment, with a lawsuit, FTC fine, or other penalty. 

HERE are my top 5 Legal MUSTS for Wellness Professionals: 

1. Get the right documents on your website 

Creating and launching a website is becoming easier and easier. And with the rise of digital businesses, virtually ALL businesses have a website or some kind of digital component, even if there’s also a brick and mortar store or studio. While it may be easy to create and publish a website, don’t forget, there are also a few CRUCIAL things to have in place legally, to make sure your site is compliant with privacy laws, and protected from reader lawsuits: 

1. PRIVACY POLICY

Once you hit *publish* on your website, and start collecting ANY kind of data or information, a complete, internationally-compliant privacy policy is legally required to be in the footer of your website. So what is it?? A privacy policy is where you will tell your website visitors, and anyone who may give you their name, email, or contact information, exactly what information you collect from your website (including things like Google Analytics, Facebook pixel tracking, Cookies, etc.) how you use it, how you store it, whether you share their information, and how they can be removed from your email list / database. 

YES it is a legal-heavy document, and may seem boring to you. BUT, with the increase in consumer data awareness, and a general desire to know how our information is being used and shared online, your consumers will WANT this information on your site. Plus, the FTC legally requires it, AND dishes out some pretty heavy 6 and even 7-figure fines for failing to have this on your website. 

So how do you go about finding one, and where does it go? Sure, you can find them for free online. However – my theory on this is that you get what you pay for. Free privacy policy services likely do NOT provide the correct information you need in your privacy policy in order to run an online business that is internationally compliant. You can also hire a data privacy attorney to draft one for you, which will run you about $1,000-$1,500 or more. OR, you can grab my privacy policy template HERE (or the full legal starter bundle HERE to get everything you need for the best value). 

Once you have your template, fill it out for your business using the prompts in the template and step by step instructions — email me if you have any questions or want me to review the document as well! Then, the privacy policy will be linked in the footer of your website, AND on all landing pages, sales pages, or other places where your audience can enter their personal information. 

2. WEBSITE DISCLAIMER

This is the second of three documents that will be linked in your website footer, and is where you will remind your readers and website visitors that ALL information and content contained on your website and sales pages are just general information and education, and are NOT meant as medical advice, or any kind of substitute for medical treatment, mental health treatment, or any form of medical advice. As a wellness professional, it is VITAL to remind anyone who may be reading your content, that the information you’re providing may or may not be right for them personally. Perhaps they have a medical condition, allergy, physical limitation, or any other issue that would cause the information you are providing to be harmful to them, or otherwise not applicable to them. You want to make sure they are ALWAYS checking with their own doctor or medical professional before implementing anything they read on your website or contained in your free resources. 

Grab the template for your disclaimer HERE, or the full legal starter bundle HERE! 

3. WEBSITE TERMS & CONDITIONS 

Last but not least, another important document that will live in the footer of your website is your website terms and conditions. Contrary to what many people think, this is NOT where you put the terms for your paid programs and services, and this is NOT the same thing as your contract. Your website terms and conditions act as the ground rules for your website only – it is where you will include language to protect your original content, your website, you will outline how people can and cannot interact with your site, how any disputes will be resolved, and again confirm your limitation of liability for your website content.

Click HERE for the Website Terms & Conditions template, 

HERE for the website coverage bundle, that includes all 3 website documents, and 

HERE for the full legal bundle. 

2. Have a SOLID, Attorney-Drafted Client Agreement for 1:1 and Group Programs 

As a business owner and professional, you want to make a good first impression, especially on new clients. When a new client is introduced to your work and decides to purchase a product or service from you, the onboarding process is CRUCIAL, to give them a good first impression of your business, and to make them feel secure in the investment they are about to make with you. You know what the biggest part of the onboarding process is? YOUR CONTRACT! 

If your contract is well-written, easy to understand, looks nice and clean, and is presented before they issue payment, your new client will likely feel at ease, feel clarity around the services you are providing to them, and will think your business is credible and professional. 

On the other hand, if your onboarding process includes NO contract (e.g. you’re just asking for money without any promise or confirmation that you’ll provide the services as discussed), or if the contract is not well-written, copy/pasted from other sources, or not relevant to the type of services you’re providing, this new client may be left wondering what ELSE you have left out of your services, or what other corners have been cut. They may also think perhaps you are too new, or that you simply don’t have your business organized yet…all of which are NOT the first impression you want to make, and not what your new client wants to feel right before they are being asked to invest a good sum of money to work with you. 

Your Client Agreement needs to accomplish a few key things: FIRST – it will provide both you and your new client with a clear understanding of the services you will be providing, as well as the payments they will make, and all other details surrounding the relationship. SECOND – if you will be providing any services in the wellness industry, it needs very specific medical disclaimers, as well as clear limitations of liability with respect to the client’s health and well-being. As a coach or professional providing a non-medical service, you want to be very clear that your role is to provide them with education, information, support, and accountability…NOT medical treatment, a medical diagnosis, or therapy. The contract needs to clearly remind your client of this, and encourage them to see their doctor prior to beginning work with you. 

CLICK HERE for my Legal Bundle drafted specifically for health and wellness professionals! 

3. Have your Terms of Use in place for online courses and other digital products 

If you are offering an online course, ebook, or any other digital product you sell directly from your website, it doesn’t make sense to have your customers sign a client agreement- typically, you aren’t involved or needed in their purchasing process, and having someone sign a legal document after they have paid and received the product is technically not legally binding. So, we solve the problem by putting a link to your program or course’s Terms of Use on the purchase page. 

Your Terms of Use will go on the purchase page, immediately above the “purchase” button. Once the customer has filled in their personal and billing information, before they can hit “purchase,” they will need to check a box confirming they have read and agree to the Terms of Use associated with the program they are purchasing. Once the box has been checked, they can then complete their purchase. 

Your Terms of Use will resemble the Client Agreement; however, it will address all relevant terms associated with the online course or digital product being offered, and include provisions that apply to digital products, rather than 1:1 coaching or consulting. It will also very clearly outline medical disclaimers and other limitations of liability, since you likely will not have the opportunity to talk to your online course customers prior to purchase. 

Similarly, if you create any kind of membership site or subscription model platform, you will want Membership Site Terms of Use, which includes additional language regarding subscription payments, automatic payments, and how people may cancel their membership. 

Getting your business legally protected using the above documents doesn’t need to be scary, overwhelming, or expensive. In fact, many of my customers have completed and placed their legal documents in the right places within the same hour they purchased them. 

If you’re a wellness professional, make sure you check out my Beginners’ Legal Bundle for Health & Wellness Professionals — it includes ALL the documents I reference here, as well as a testimonial release template, step by step instructions for how to complete each document (and what each paragraph means!) and access to me for 30 days after purchase, for any questions, requests for customization, doc review, etc. 

Want more free legal info?? Follow me on Instagram @christywesterfeld and grab your FREE legal checklist HERE! 

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But one thing some entrepreneurs and coaches forget, is that while the coaching industry is largely unregulated, the BUSINESS industry is very regulated…and as a business owner, there are certain laws and regulations that MUST be followed, in order to avoid lawsuits, fines, and other legal hot water. 

Here are my top 3 MUSTS to make sure your coaching business is operating above board: 

1. USE YOUR OWN COACHING CLIENT AGREEMENT 

When you’re first starting out as a coach, you may not want to spend thousands of dollars hiring a lawyer to draft a client agreement for you…but you aren’t sure where to get one, or what it needs to have in it. (Or whether or not you even need one??)  For many new coaches, this results in Googling “coaching contracts” and copying something they find online, or simply receiving a contract from another coach, a friend, or fellow entrepreneur also in a similar space. 

Sound familiar? There are actually 2 HUGE problems with this: 

First – it is ILLEGAL to use a contract written by someone else, unless you have THEIR permission to use it. So, if you want to use a contract that was given to you by someone else, you’ll need to track down the attorney who wrote it, and ask permission to use the document. Without getting this permission, you are likely committing copyright infringement (a violation of Federal law.) 

Second – the online coaching industry has very specific legal issues, potential pitfalls, and things that must be in your contract – so having an attorney familiar with the industry draft your contract is VITAL. The contract you find online or copy may have nothing to do with the type of coaching services you offer, may not be meant for the online space, or may otherwise not protect you at all. The last thing you want is to have a legal issue, and find out AFTER the fact that your contract was garbage, right? 

For a couple hundred dollars, you can get this step taken care of LEGALLY, CORRECTLY, and ensure your protection. CLICK HERE to check out my client agreement templates, or HERE for the full bundles. 

2. GET A PRIVACY POLICY ON YOUR WEBSITE & LANDING PAGES 

As soon as your website is live, you MUST have a privacy policy on your website, to avoid non-compliance fees from the FTC. A privacy policy is where you will disclose to your website visitors and email list, what information you are collecting (usually name and email address), what you will do with the information (send them relevant information based on their request), whether you will share the information with anyone, how you will store their information, and how they can be removed from your list. A good privacy policy must be GDPR-compliant as well, to ensure you can legally collect data worldwide. (NOTE: many free privacy policies are NOT compliant, and will not prevent you from FTC fines for non-compliance). 

Grab your privacy policy template HERE, or the full legal starter bundle HERE. 

3. USE A TERMS OF USE FOR ANY ONLINE COURSES 

When you offer any kind of course, ebook, DIY program, or other digital product that customers can purchase directly from your website, it no longer makes sense to have each of those customers sign a client agreement or 1:1 customer agreement, because they can complete their purchase without any involvement from you. BUT – it’s just as important (if not MORE important) to have terms associated with the digital product, and to have each customer agree to the terms prior to their purchase. Without that step, there are NO terms in place for your digital products, and nothing in place to protect your content, limit your liability, control how disputes are handled, and other vital terms you need to control in your business. 

CLICK HERE for a Terms of Use template, or HERE to learn more about my full legal starter bundle. 

While starting an online business can be hugely successful, and can be done with very little startup costs, getting the legal pieces right is EXTREMELY important to get done as soon as possible! Once you’ve completed this step, you will be able to grow and scale your coaching business without the stress and hassle of not having the right legal documents in place. 

CHECK OUT MY TEMPLATE SHOP HERE!

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1. Joint Venture 

This phrase may be totally new to many of you, and if so – stick around! I promise we won’t bore you too much. A “Joint Venture” is the term used to describe any kind of shorter-term partnership between two or more people or entities, coming together for a specific purpose or project, but NOT merging any business entities or getting rid of any current business entities. The nice thing about a Joint Venture is that it is clear you are entering into this project separately — the joint venture is separate from the participating coaches/consultants’ current businesses. 

Typically, most people will want to set up a new business entity (LLC or Corporation)  for the joint venture, since the coach or consultants’ current businesses will be separate and distinct from the joint venture. Because of that, it is VERY important that there is a clear, complete, and binding Joint Venture Agreement in place between the two or more participants, and that the new business entity’s operating agreement is clear as to how the new business will work. Enlist the help of a knowledgeable business attorney here to make sure your agreements are top notch. This is not the time to try to DIY your legal contracts, especially when there are multiple businesses involved. 

The Joint Venture could be a great option for two coaches or consultants were coming together to co-create a course, program, or other service that would be sold and delivered together, but separate from their other businesses and endeavours. 

2. Partnership 

Another option for ways to legally collaborate with others is to utilize a Partnership Agreement to outline the parameters of the relationship. If the collaboration is meant to be more permanent, and will be established as a longer-term partnership, a Partnership Agreement may be the way to go. Keep in mind, you can make the decision to legally form a General Partnership (which is a type of business entity, along with the LLC or Corporation), or you can utilize a partnership agreement more generally, to outline the boundaries, parameters, and other terms under which you and your partner would like to do business. 

3. Contractor / Licensing 

Another way I have seen creators in the online space work together is to have one business hire the other business as a contractor to perform all work that is to be completed in connection with the collaboration. The collaborators use an independent contractor agreement to outline the terms of the collaboration – which here, would look different than a typical contractor agreement you may use with your team members, as the contractor would likely have a more substantial payment structure, and may keep ownership of some or all of the work completed for the collaboration. 

However you decide to structure your collaboration, make sure you have SOME kind of legal agreement in place, that accurately reflects the relationship between you and the collaborator. It’s worth spending the money to make sure this is done right (and you can split it with your collaborator!) 

Need an agreement with a collaborator? Email me directly HERE to get started.

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You NEED AN LLC

If you’re just joining us – WELCOME! CLICK HERE for Myth #1, and HERE for Myth #2! 

This week is centering on Myth #3 – that you need to be an LLC in order to operate a business. 

A few times a week I am asked by someone on social media if they “need” an LLC before they can start their business or purchase my templates, because so and so on Facebook told them they needed to have one in order to legally operate as a business, or they looked at a competitor’s legal documents and saw that they were an LLC. Typically this comes from well-meaning business owners whose accountant told them they should register as an LLC, or after reading something online that addresses why LLCs can be smart decisions. However, the business entity you should choose is VERY dependent on a few key things: 

1. What state do you live in? 

Every state has different rules and regulations for corporations that may or may not favor registering as an LLC, Corporation, or remaining a sole proprietor. 

(Quick recap: a sole proprietorship is the simplest way to operate a business. In order to create one, you simply start doing business. You aren’t creating a separate business entity, or separating yourself personally from the business – it is an extension of yourself. If you do wish to create a separate business entity, the most common options are the Limited Liability Company or “LLC”, and the Corporation. To create an LLC or Corporation, you must file certain documents with your secretary of state, have operating agreement and/or corporate bylaws drafted, and pay all associated taxes and fees in order to properly set up the entity. In order to remain an entity in good standing, you must make sure you’re keeping up with all maintenance fees and documentation requirements.) 

So when you’re considering which business entity is right for your business, you’ll want to look at your state’s laws regarding each entity, and ask your accountant or CPA about any corresponding tax fees or requirements. For example, in California there is a minimum $800 franchise tax fee, meaning, the minimum you will pay annually in taxes is $800, even if you don’t make any money. If that doesn’t make sense for you right now and you’re in CA, it may be best to stay a sole proprietor and increase your insurance, and then create the LLC or Corporation when it makes financial sense. 

2. How much money do you expect to bring in this year? 

This is important for a few reasons. First – as we just discussed, some states have tax minimums that must be paid annually, regardless of how much money your company brought in. If your annual revenue is less than the annual tax requirements to remain a business entity in good standing, it may not make sense to create the business entity at that point. Second – increased revenue and higher tax brackets can mean paying more in self-employment taxes, and when you’re a sole proprietor, you’re paying self-employment taxes on the FULL amount you brought in, rather than a smaller salary, as you likely would as an employee of a business entity. Once your business starts bringing in a solid amount of revenue, this is a great question to ask your CPA or tax professional, to make sure you’re making the smartest choices about tax laws in your state. 

3. What type of goods/services are you offering, and how does that translate into risk?

The primary difference between a sole proprietor and LLC/Corporation is the amount of personal liability or risk you want to take on in your business. In a sole proprietorship, the business is considered an extension of yourself personally – there’s no separation between you as an individual, and you as a business. The potential downside of this is that, should your business be sued, all your business AND personal assets could be on the hook to satisfy any judgment against your business. While this does sound scary, and sound like something you should avoid, it’s not necessarily always a bad thing, depending on the type of business you have, and the risk associated with doing business in that field. If you are operating some kind of coaching business offering 1:1 coaching services, you have a solid client agreement that limits your liability, and you carefully explain any risks or disclaimers to your clients, it may be that from a practical standpoint, you may not run into any big issues. Additionally, if you have professional liability insurance that covers your sole proprietorship, any claims or lawsuits may be handled by them. So even though the term “personal liability” sounds scary, when you look at it in a more detailed and practical way, it may end up being a great option for a new business. 

However, let’s say you operate a health coaching business, and are also a licensed counselor or registered nurse. You’re offering lab testing and information based on the results of the lab tests, and providing in-depth health and wellness coaching, as well as online courses and group coaching to individuals with health concerns, or who may be struggling with certain areas of their health. Perhaps you have a big social media following, and are expecting a big financial return on your course launch or individual coaching offerings. In that example, while I would also recommend liability insurance, and VERY clear disclaimers in your attorney-drafted client agreements, it may make more sense to create an LLC or Corporation from the beginning (or near beginning) to establish boundaries in the liability department, and to very clearly separate your coaching business from your professional business. Additionally, if there are health and wellness issues in play, the services and potential issues may end up being a bit riskier than other types of life or business coaching. 

Wherever you are in your business, it’s ALWAYS a good idea to consult with an attorney and accountant regarding your personal situation, to make sure you are setting yourself up for success, from both a financial and legal perspective. While colleagues and acquaintances on social media mean well, and may be offering advice or insight they learned from their attorney or accountant, it doesn’t necessarily mean it will apply to you, and doesn’t mean it is correct information. 

Have more legal questions, or want more on this topic?? Grab my 50+ page E-book HERE, that outlines ALL the basics on how to legally operate an online business! 

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You can use contracts you find online or for free from someone else

Last week, I outlined one of the BIGGEST myths I see online — CLICK HERE to check that out if you missed it. This week, we are looking at Myth #2: when others tell you to use a contract you found online – or worse – GIVE You their contract they found or purchased.  

Unfortunately, this is also a big no. Why? Couple reasons: 

First, just like using a blog post written by someone else or a photo taken by someone else, if you’re going to use a contract, you need permission from the attorney who wrote it in order to legally use the document. When you purchase a template from an attorney, or hire an attorney to draft documents for you personally, you are granted a license to use the document in connection with YOUR business, and instructed not to share it with anyone else for their use. Without that permission from the attorney, it is the same violation as lifting a photo from another website, or copying course content from another creator. No permission = potential copyright violation. 

Second, permission aside, using something you find online RARELY applies to your personal situation. It is likely a contract from a lawsuit that became public knowledge, or something that was saved as a PDF to a website and is now searchable. It will likely be outdated, and not applicable to your business. Online coaching and digital business is relatively new, and a very specific service, as international laws must be considered, as well as international clients, data privacy considerations, and digital product delivery. 

If you find one through one of those free template generators online…well…you get what you pay for, and I can almost guarantee these will not have the online course or digital terms you need in order to actually protect your business. If you needed to go to the dentist to fill a cavity, would you take the time to go to a good dentist, pay for his/her services, and know you got the job done right? Or would you try to find someone to do the work for free, who likely isn’t a dentist at all?

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You need to update your copyright date in the footer of your website

Raise your hand if you’ve been told the date at the bottom of your website in your copyright notice is supposed to be the CURRENT year.

…this is incorrect.

And in fact, may actually cost you your legal rights to some of your IP. Do you see book authors going back and updating their book covers to update the copyright notice?? NO, right? Your content should be the same! Read on…

So the purpose of the date in your copyright notice (which is the thing at the bottom of your website that says ©2020 Coach Legally LLC. All Rights Reserved) is to put the public on notice of the date or dates in which you published the work you are seeking to protect.

(In other words, when did you write the content you are wanting to protect??)

If you just launched your website and are only claiming ownership of the work on your website as of 2021, then it’s okay for it to be the current year.

If the content you’re wanting to protect is from last year, or another year, put that year and DO NOT UPDATE IT, or otherwise change the date for any reason, no matter who tells you you’re supposed to.

If your website includes content that spans across multiple years – like maybe a blog you’ve written throughout the last 5 years (and counting), you’ll want to do a date span, beginning with the first date you published anything on your website, and ending with the current year. THIS is something you will want to update as the years progress…JUST the end date in a date span.

So, why am I freaking out about NOT updating the copyright date, when your website includes work you have done in previous years? Because you will effectively REMOVE your rights for any year other than the year that is in the footer. So if your website says Copyright 2021, but in fact you wrote the blog posts beginning in 2019, you will be telling the public that you are claiming ownership of the work only as of 2021.

This gets even worse if you run into a copycat, and catch someone copying and pasting parts or all of your blog posts, online courses, or any other content on your website. When you go to prove to them that you are the original owner of the work, your copyright notice will actually disprove your claim, if the copyright date is the current year. And if the copycat lifted your work last year…guess what? Now it looks like YOU copied THEM. (It is potentially fixable through some kinds of website history software or platforms which allow you to see what was posted on each website in the past. However, the initial evidence will point to YOU as the copier, against them, the seemingly original owner.)

Copyright questions? Comment below or contact me via the contact page, and ask away! 

Make sure to come back next Monday for Myth #2!!

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1. Avoid legal fines and FTC penalties with the right website documents 

The moment you hit *publish* on your new website – while a VERY exciting moment in your business and journey as an entrepreneur – is also the moment you begin creating exposure if you do not have the right documents in the footer of your website. For most businesses, the 3 website documents needed are: 

1. An international Privacy Policy — this document is actually legally required by the FTC the moment your website becomes live, if there is ANY way people can contact you from your website, or if you collect data from anyone through your website (e.g. names, email addresses, etc.) Maximum fines for skipping this step?? Up to $2,500 PER WEBSITE VISIT without an accurate, complete privacy policy in place. (If you don’t have this — don’t panic! GET YOURS HERE) 

2. A Disclaimer — this is a document I get a LOT of questions about, especially from those in the health and wellness community. The website disclaimer will remind your viewers, readers, and potential clients that everything on your website, in your free resources, on your social media, and anywhere else you post content is general information and education only, and is in no way meant to be taken as personalized advice. Without having this on your website, you run the risk of liability, should someone implement content they read from your website or social media and have any kind of negative response, which we want to avoid!! 

3. Website Terms & Conditions — these are the ground rules for your website, and is where you will protect your content, outline how people can or cannot use your website, how any disputes relating to your website or content will be resolved, and other limitations of liability. Having these on your website allow you to control how your content and website are used, and ensure any disputes are resolved quickly, locally, and using your state’s laws. (Yes! This can be a thing when you have clients all over the world!) 

2. Have a CLEAR, credible, well-written contract that all potential new clients review prior to working with you. 

If someone is looking to drop a good chunk of money to work with you, they are probably going to expect a well-organized onboarding process, which includes a well-written contract, presented in an organized way. Put yourself in their shoes: if you were planning to spend 4 or 5 figures on a coach or service provider, would you feel comfortable about the investment if their contract was clearly copied and pasted from other sources, or seems to have been written with another type of business in mind? I see this ALL the time — and personally, I would rethink my investment if a potential coach or mentor sent me a raggedy contract. I would want to be sure the contract was clear on everyone’s obligations, protected me legally, and would help us in the event of a misunderstanding or issue. Plus, it would tell me they took their business seriously, and invested in themselves, as I am about to invest with them! 

By having your Client Agreement and Terms of Use well-written, clear, and applicable to YOUR products and services, you absolutely put your best foot forward to your potential clients, and put yourself in a position to have more potential clients say YES! 

CLICK HERE TO GRAB YOUR LEGAL TEMPLATE BUNDLE! 

3. Avoid potential copyright infringement by using YOUR OWN documents 

Did you know in order to use a legal agreement, you need permission from the attorney who wrote the contract, NOT the person who is giving it to you?? So if you’re using a contract given to you by a friend, family member, coach, or something you found online, you need permission from the attorney who wrote that contract in order to legally use it. Without that permission, unfortunately, you could be committing copyright infringement — just like if you were to copy/paste a blog post from someone else, or swipe a photo from someone else. Although these seem more “wrong” than using a legal contract, it’s actually exactly the same!

Make sure you have the legal right to use any contract you use in connection with your business, AND check with the attorney who drafted the template or specific contract to be sure the contract is meant for your type of business or services. (CLICK HERE TO GRAB YOUR CLIENT AGREEMENT) 

By having the right documents in place, making sure they apply to YOUR business and services, and confirming you are not accidentally infringing on someone else’s rights by using the documents, you are well on your way to maximizing your savings and profits through your legal documents. 

Questions? Ask below! 

Grab my FREE Legal Checklist to see if Your Business is Legally Compliant!

The post 3 Ways Your Legal Documents can Save, and even Make you MORE MONEY appeared first on Christy Westerfeld.

With this trend comes more and more health and wellness coaches, practitioners, and certified experts with programs designed to perform things like blood tests, hair tests, and other lab work in order to interpret various aspects of wellness, and help others achieve this optimal performance level. 

However – not all health and wellness coaches are actually able to read and interpret labs…in fact, most are NOT able to do so, which comes as a huge surprise to many. I get asked almost weekly about the DO’s and DON’TS of running labs as a non medical doctor, and what the ethical issues can be. 

In short, here are some of the key factors to keep in mind, before you start offering programs or services that include lab work: 

1. What does YOUR state say? 

The first step in ensuring you are providing ethical, legal information to clients is to review your state’s guidelines on what types of services health and wellness coaches may provide to their clients, without crossing over into territory for which they are not properly licensed or educated. 

2. What test(s) are you looking to offer to your clients, and what do you plan to do with the results? 

When coming up with online courses, programs, or wellness-based offerings, many health and wellness professionals are including lab results or some kind of blood, urine, or health test. However, it may not be legal or ethical for you as the health coach to order, review, or interpret any kind of test like this. Because of this, I highly recommend taking a step back and really looking at the big picture of the program you plan to offer: what is the overall goal you’re working toward with your client? What is the problem you’re solving? Is it absolutely necessary to complete lab work, or is it just an added benefit that you could easily pass off to a medical provider? Asking these kinds of questions will help you in the long run, to avoid spending time and energy on a program that you may not be able to ethically complete. 

3. Review vs. Interpret 

This is a big one. As we talked about above, the first step is always to review your state’s rules regarding what you can and cannot do as a health coach. If your state allows you to provide nutrition education to your clients, you may be able to “review” your clients’ lab results with him/her. BUT – PLEASE know this is NOT the same as Interpreting lab results. 

Reviewing lab results is on par with providing your clients education: you’re looking at the lab result and simply reviewing the results with them – teaching them the different names listed, different levels listed, and providing general education on the lab test they took and information about the results. 

In many states, the line is crossed when you start INTERPRETING the lab results. While these two words may seem like the same thing, interpreting actually brings a bit more into the game. Interpreting lab results means you are now progressing from just “reviewing” the results with your client (e.g. educating them on what the lab results are telling them, explaining the general levels, names, and meanings), and are now explaining their personal results, telling them what each of their levels means, and providing recommendations for what they should take, eat, or alter, in order to improve their health and wellbeing. Nearly all states will look at this action as providing medical advice, as you are reviewing a medical test, interpreting the results, and likely providing the client with some kind of recommendation or advice for how to proceed based on your interpretation of the results. Unless you are properly licensed to provide medical advice to patients in the state where your client is located, this may raise some red flags, and could get you in hot water for providing medical advice without a license. 

4. So What CAN I do? 

An important thing to remember as a health coach is that you are NOT a doctor, nor licensed medical provider, which means you cannot provide any kind of service that even remotely looks like medical advice. However, when done right, this should in no way affect or impact your abilities to provide services as a health coach. Why? Because health coaching is focused on the behavior of the client — how can you help your client become informed, feel supported, be held accountable for his/her goals and actions, and provide a setting that allows them to succeed? The medical advice piece? The lab interpretation and recommendation or prescription of medications, supplements, or diet/lifestyle change? That’s the easy part. Refer this out to a licensed medical provider in the client’s state to ensure everyone is operating legally and ethically. This way, you are ensuring your client receives personalized medical advice on the lab report, and you’re removing yourself from liability should the client have a negative response or reaction to what was prescribed. Once that’s done, and the client has his/her doctor-approved recommendations, you can begin the long-term work! As many of you likely know, the challenging part is actually supporting your client through those changes – helping them form healthy habits, teaching them healthy lifestyle choices, holding them accountable when they want to exercise or change their diet. 

Need legal docs as a health or wellness coach? CLICK HERE for my health coaching bundle!

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The post Can I Interpret Labs as a Health Coach?? appeared first on Christy Westerfeld.