What To Look For In a Contract With a Service Provider [Interview]
Engaging with contractors, marketing consultants, website designers and other service providers online can be a really efficient way to conduct business in your massage therapy practice. It also comes with some risk of scams or simply not getting exactly what you paid for. We wanted to reach out to someone who knows their way around a legal contract, so we sat down with an attorney, Matthew Krueger, to get some sound advice on what to look for in a contract with a service provider.
Matthew L. Krueger is the Founder of NewEdge Law in Middleton, Wisconsin. When he's not working, he can often be found on his bike or in a stream fly-fishing. Thanks for taking time to walk us through the basics, Matthew. On with the interview!
At Peace Media: Engaging with consultants or service providers online is sometimes necessary for massage therapists for doing business efficiently. What are some "red flags" to be aware of when looking for a service provider online?
Matthew Krueger: Look for professionalism. If the consultants and service providers are legitimate, they are likely to carry themselves with a certain level of professionalism. Emails, websites, and other communications that are riddled with poor grammar and spelling errors should be a warning.
Personally, I have found the “gut-check” to be a pretty effective tool. Obviously, if someone is trying to pull one over on you, they are going to take some precautions. Fortunately, you can still use your personal experience and intuition. If you feel that you are being handled or misled, I would politely back out of the conversation and go elsewhere. I would recommend not making any accusations, since this could lead to conflict.
I would also recommend doing a thorough search for the provider on Google before hiring anyone. Look for reviews and any feedback you can find. If you find reviews, forum posts, feedback or anything indicating poor support or quality of services, I would look for other services.
At Peace Media: Is it always necessary to consult an attorney when you sign a contract for services? What are some basic best practices in this area?
Matthew Krueger: If you can read and understand the contract, then you may be OK just going ahead with signing. However, if you don’t understand the contract, don’t sign it without finding some help. Attorneys are trained professionals like doctors. You don’t go to the doctor every time you have a little cough, but you know when it's time to go see the doctor. It’s the same with an attorney; you will know when you are in over your head. Just try not to cut any corners. In law and medicine, the old saying “an ounce of prevention is worth a pound of cure” is always true.
At Peace Media: Let's say I'm seeking a professional to design my logo and build me a website. In general terms, what will a good contract look like for this kind of service?
Matthew Krueger: Your objectives should be clearly documented and have clear measures of success and completion. You should have the ability to determine when a project is satisfactory. Be sure that your rights are clear if the services are not delivered properly or to your satisfaction. A good contract should also be fair. If the service provider has all of the power under the contract, don’t sign it.
At Peace Media: What should I do if I get scammed out of a few hundred dollars or more, or services are not provided during the course of this kind of transaction? Are there options?
Matthew Krueger: I had a professor in law school who always said, “The answer to the question ‘Can I sue?’ is always yes, the real questions are ‘Can I win?’ and ‘Is it worth it?’” Taking legal action should be your last solution, but it is always an option.
There are a number of things you can do that do not involve legal action. You can always ask for refunds if services are not delivered. Writing a letter to a provider letting them know you are considering finding legal assistance can often give the provider a little nudge as well. I am not one to advocate public shaming, but posting a tweet, forum thread, or Facebook post expressing your frustration and dissatisfaction can motivate a service provider to take some action. Just be sure to approach them with your issue before proceeding with posting something. Another good option is to file a complaint with the Better Business Bureau. Letting the provider know you are going to do this might be more effective than actually doing it.
If you realize you have been scammed shortly after making a payment you may be able to stop the payment. Checks can be canceled and credit card payments can be rescinded. Typically, these options are only available for a short period of time after the payment is made. Most banks and credit card providers will often charge a fee for a cancellation, but it will likely be less than you would lose in a scam.
At Peace Media: Massage therapists are typically, let's say, "salt of the earth" type people. We aren't rich. What kinds of free or low-cost legal help or tools are there for us?
Matthew Krueger: There are a number of online legal educational services. One of these sites is nolo.com. They offer a number of articles that are written in normal language that is easier to understand. Additionally, there are often sources through your state’s Bar Association that will offer education, pro-bono, or more affordable legal services.
Unbundled legal services are another option. These are newer and growing in popularity. With unbundled services, an attorney only handles portions of your representation. It is important to have your responsibilities and the responsibilities of the attorney clearly defined if you are going to get unbundled services.
At Peace Media: Do you think that attorneys need massage therapy more than the average person? Answer honestly.
Matthew Krueger: Hahaha, I can’t help but laugh at this. I know, personally, I wouldn’t mind a massage now and then. Many attorneys are Type-A personalities and are naturally more tense. There is a high level of stress in the legal field, so I would guess most attorneys could benefit from some massage therapy. Additionally, I would guess most attorneys spend most of their day sitting at a desk; that can’t be good for your back.
At Peace Media: Any parting thoughts or advice, comments, tips?
Matthew Krueger: Always read the whole contract before you sign it. Some people will try to bury things in places where they don’t belong. Even if you believe a section of a contract is irrelevant, read the section.
Seek legal help if you do not understand what you are signing.
If you are ever uncomfortable with a situation and believe that you are being taken advantage of or tricked, don’t sign any agreement and find help from another provider.
Be sure to check out the service providers before you hire them. This can save you from a giant headache in the long run.
Thanks, Matthew! What experiences have you had (good, bad, ugly) with engaging with service providers online or in person? Any tips to add to the list? Let us know in the comments below.