Tag: Business Law

Parents Waiving Liability For Their Child: Is YOUR Business Protected?

Are you a business owners that provides or manages some form of activity to minor children?  If so, do you typically have the parents sign a pre-injury liability waiver?  Guess what?  The Michigan Supreme Court recently reaffirmed that a parental pre-injury liability waiver is unenforceable under Michigan law.  Why?  Because a parent lacks authority, absent special circumstances, to bind his or her child by contract.  Only time will tell what impact this has on the provision of recreational and sporting activities for kids and how much litigation crops up because of it.

If you’re interested in reading the actual court opinion, you can read it here.

What do you think?  Is the law in Michigan right?  If not, should the court have come to a different decision?  How should we strike a balance between a business’ ability to “contract away” liability and the protection of young children no matter what the circumstances?

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses in Grand Rapids, Grandville, Cascade, Forest Hills, Ada, Byron Center, Caledonia, and the surrounding areas.  He specializes in “whole family wealth” planning for doctors, nurses, lawyers, other professionals with minor children, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Who Moved My Office? Things I Learned In My Office Move

As I’m sure all my regular readers know, I recently moved to a new office.  I believe that all things happen for a reason – the timing and the office are perfect.  What I realized during the moving process is that I did some things right and I did some things wrong.  So, I thought I would pass along the key things I learned.  I’m sure I will think of more as I get fully settled in.  I hope this proves useful to many of you.

  • Plan, plan, plan . . . I can’t emphasize that enough.  I’m a chronic planner/organizer and I fell short on this one.  I thought I had everything planned out in the perfect way . . . turns out, not so much.  Planning includes not just finding the location and setting a general time frame for the move.  It also includes planning your moving announcement card, coordinating change of address, notifying all the vendors, customers, memberships, insurance companies, service professionals, referral sources, etc., of your move, and that is just the tip of the iceberg.  It even includes planning on how best to pack up your old office to make the unpacking in the new office as efficient as possible.
  • Start earlier than you think is necessary.  I started my office search and planning process almost 4 months ahead of the scheduled move.  Guess what?  That was too late.  I still found myself rushing at the end.  Give yourself the time.  Particularly in the current commercial real estate market you have the benefit of being able to view many different locations and negotiate with many different property owners/landlords to make sure you are getting the best office.
  • Pick the office that is the best “fit” for your business and your personality.  It seems to go without saying, but at lot of people don’t think about the second one.  By checking out several different locations I was able to find a great location, great office layout, AND a building owner/landlord that is kind and great to work with.
  • Utilize a tenant representative if there is one in your area.  I had the benefit of working with Chris Atwater from Waters Tenant Representation LLC.  If you are moving your business in the West Michigan area, you owe it to yourself to talk with  Chris.  He is a man of integrity and truly represents the tenant throughout the process.  And he is fair to the building owner/landlord as well, which only helps the tenant in the negotiation process.  On a grander scale, I recommend a tenant representative as a way to know that the person you’re dealing with is truly working on your behalf and not conflicted between dual roles.
  • Make a realistic budget and add 20% to it.  This is what I did and it served me VERY well.  I actually came in under budget – partly by getting some great deals and partly by deferring some purchases.  There’s no sense in making an unrealistic budget.  In today’s environment you can get a good feel for pricing on every item you’ll need by searching the internet.  I’m a big fan of supporting local businesses, so I researched the items online to help build my budget and then I purchased locally.
  • Talk to other business owners who have gone through office moves.  Been there, done that is a big help.  You may not use every suggestion they give, but I assure you that listening will be beneficial.

Please feel free to share your suggestions via comment on this post.  I’m curious to hear what others have learned.

How a Layoff Can Be the Start of a Dream Come True

There was a great article in the Grand Rapids Press this past Sunday talking about how layoffs are a driving force behind many recent business start-ups (read it here: http://www.mlive.com/business/west-michigan/index.ssf/2010/04/bad_economy_driving_more_worke.html).  The drive, determination, and creativity of the folks in the article is why I limit my business services to only entrepreneurs.  I believe entrepreneurs can benefit most from my approach and that I can bring the most to the table for these drivers of our economy.

This article provides encouragement to thousands who may consider starting their own business, as it shares the stories of folks who have.  Fear is the common barrier between idea and action . . . at least in my experience.  And knowing that others are in the same situation as you and have taken the same “leap” you’re considering, helps alleviate some of that fear.  The layoffs and overall job loss over the past couple of years has allowed the creative spark that lied dormant in so many individuals, to come out and be put into action.

So I ask . . . do you have a great idea for a business?  A new product?  A new service?  A new way of providing a product or service?  What’s holding you back from acting on that great idea and making it the catalyst to take your future into your own hands?  I look forward to comments on this post or via email.  Let’s work together to keep the entrepreneurial spirit strong!

As a side note, if you are curious about entrepreneurship, you should consider the Michigan Small Business Technology and Development Center’s many resources.  The hub just happens to be right here in West Michigan at Grand Valley State University’s downtown campus.  You can find out more here (http://www.gvsu.edu/misbtdc/).

I would be remiss if I didn’t remind everyone how important it is to have the proper legal, insurance, financial, and tax foundation when you start your business and as you continue to operate it.  I have a very unique approach to providing business formation and ongoing representation services that enables a start-up to spread out the associated fees and receive the guidance and services they need not only upon start-up, but throughout the critical first years.  Comment on this post, call me, or use our contact us page if you would like more information.