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Finding the right legal document shouldn't be confusing.

Whether you're writing a will, buying a business, renting a property, starting a company, or protecting your intellectual property, choosing the correct legal template is the first step toward completing the job properly.

At MegaDox, we offer thousands of professionally prepared legal templates covering Canada, the United States, the United Kingdom, Australia, New Zealand, and many other jurisdictions. With such a large selection available, it's worth taking a few minutes to make sure you're choosing the document that best fits your situation.

Here are some simple steps that can help you find the right legal document template to fit your needs.

1. Start by Browsing the Appropriate Category

The easiest way to find the right document is to begin with the category that best matches your legal matter.

For example:

• Real Estate Forms – agreements, contracts and other forms for buying, selling, and managing residential or commercial real estate property. (Main category: "Property Forms")
• Wills and Estate Planning Forms – will kits, estate planning packages, estate administration forms and related documents. (Main category: "Legal Forms")
• Buying or Selling a Business – purchase & sale agreements, confidentiality agreements, due diligence documents, assignments, notices, and many other business transaction templates. (Main category: "Business Forms")
• Loan Transaction Forms – loan and security agreements, assignments, credit agreements, share pledges, and other documents for lenders and borrowers (Main category: "Financial Forms")

Browsing a category often helps you discover related documents you may not have realized you needed. Someone purchasing a business, for example, may also require confidentiality agreements, bills of sale, consulting agreements or non-competition agreements.

Taking a broader look at the available documents can save time and help ensure your transaction is fully documented.

2. Use the Website Search

If you already have a good idea of what you're looking for, our website search can quickly narrow the results.

Searching for terms such as:

• residential lease
• power of attorney
• shareholder agreement
• promissory note
• contractor agreement

will display a list of the documents most closely related to your search.

This is often the fastest way to locate a specific template when you already know the type of document you need.

3. Carefully Read the Product Description

Every legal document product page includes a detailed description explaining:

• what the document is designed to accomplish
• when it is commonly used
• who typically uses it
• important features included in the template
• any jurisdictional limitations
• software requirements
• download information

The product description is often enough to determine whether a document matches your intended purpose.

We also recommend reviewing the preview images before purchasing. They provide a good overview of the structure and organization of the document to help you determine if this is the right document for you.

4. Make Sure the Template Matches Your Jurisdiction

One of the most important considerations is choosing a document prepared for the correct legal jurisdiction.

Laws vary considerably between countries—and often between provinces, states and territories within the same country.

For example:

• A residential tenancy agreement written for Alberta would not be suitable for use in British Columbia. 
• A U.S. power of attorney may not satisfy Canadian legal requirements.
• Contractor lien documents contain province- or state-specific wording required by local legislation.

Whenever possible, choose a template specifically prepared for your country and, where applicable, your province, state or territory.

Using the correct jurisdiction-specific document can save considerable time and help avoid unnecessary revisions later.

5. Read Our Frequently Asked Questions

Many common questions are answered in our Frequently Asked Questions (FAQ) section.

Topics include:

• downloading documents
• payment methods
• editing templates
• software compatibility
• printing
• licensing
• refunds and exchanges

If you're new to downloadable legal forms, the FAQ is an excellent place to start before making a purchase.

6. Contact Our Support Team

If you're unsure which document may best fit your needs, we're happy to answer questions about our products.

Our support team can assist with questions such as:

• what a particular template contains
• when it was last updated
• software compatibility
• downloading and editing documents
• licensing and permitted use
• other non-legal questions about the template

However, it's important to understand the limits of the assistance we can provide.

MegaDox is not a law firm, and our support staff cannot provide legal advice or recommend which legal document you should use for your particular circumstances.

If your question involves legal rights, legal strategy or whether a particular document is appropriate for your situation, you should consult a qualified lawyer licensed in your jurisdiction.

7. Know That You're Protected

Occasionally a customer purchases a document only to discover that another template would have been a better choice.

To help with situations like these, MegaDox offers a Refund and Exchange Policy that allows qualifying purchases to be exchanged or refunded under the terms of the policy.

We encourage our customers to review the policy before purchasing so you understand the options available if your circumstances change.

8. Professional Legal Review Is Available

Many customers are comfortable completing legal documents themselves.

Others prefer the additional confidence of having their completed document reviewed before signing.

For Canadian customers, MegaDox can arrange for a Canadian lawyer to review certain completed documents upon request. This service provides an independent legal review of your completed document and can help identify issues or recommend changes before the document is finalized.

If you think professional review would be beneficial, contact us for further information about this service.

Choosing the Right Template Saves Time and Money

Using professionally prepared legal templates is an affordable and practical way to create many of the documents needed in everyday personal, business and property transactions.

Spending a few extra minutes selecting the correct template can help ensure the document is appropriate for your circumstances and reduce the likelihood of problems later.

Browse the available categories, read each product description carefully, choose a document prepared for your jurisdiction, and don't hesitate to contact us if you have questions about our templates.

With the right document in hand, you're already well on your way to completing your legal paperwork with confidence.

Image by StockSnap from Pixabay

What is the purpose of an indemnity bond?

An indemnity bond (also called a surety bond or fidelity bond) is a form of insurance purchased by one party to a contract as a means of compensating a second party to the contract, should the first party fail to deliver on its promises or perform its obligations.

The bond is guaranteed by a third party (usually a bank) which agrees to pay the second party if the first party defaults.

Under what circumstances would an indemnity bond be used?

There are many scenarios in which an indemnity bond might be required by one or more of the parties to a transaction. For instance, bid bonds are commonly used in situations where projects are offered through a bidding process.

Bid bonds ensure that the successful bidder follows through on the promises set out in its bid. Payment bonds are used extensively in construction projects to guarantee that the general contractor pays all of its subtrades and suppliers, to protect the project owner against exposure to lien claims.

An indemnity bond could be used to avoid double payment by a company redeeming its shares in the event of a lost share certificate, or to indemnify a freight carrier for delivery of a shipment of goods if the bill of lading is lost.

Is an indemnity bond the same as a personal guarantee?

No. These are two different types of obligations.

A personal guarantee (or guaranty) is a promise to pay the indebtedness of a corporation or business if it becomes unable to meet its financial obligations, up to the full amount of the debt.

An indemnity is a promise to protect the indemnified party against any losses it may suffer in connection with the transaction, without limit.

Do I have to get a lawyer to prepare the bond?

No. You can purchase a bond from any financial institution or insurance company. But you should review it with your lawyer so that they can explain exactly what the legal implications are.

Image by Dimitris Vetsikas from Pixabay

What You Should Know When Drafting Your Own Consulting Contracts

If your business hires outside consultants, it's important to learn how a consulting contract is structured. And if you're a consultant yourself, you'll want to know how to prepare your own agreements with clients to cut down on your legal fees.

While people often assume you need to have an attorney draw up your contracts, if you acquaint yourself with the various provisions that are included as standard elements in a consulting agreement, you should be able to confidently draft your own contracts.

The terms of the contract should be discussed and agreed to verbally first, before putting it in writing. It might be a good idea to prepare a Letter of Intent first, to make sure that both parties are on the same page before you enter into a formal written agreement.

The Elements of a Consulting Agreement

1. The Preamble. At the top of the first page you will set out the full legal names and a brief description of each party, and a summary of the parties' intents and the purpose of the contract. This is referred to as the preamble.

2. Services to be Provided or Excluded. Fully describe the scope of the services that the consultant will provide, either in the main body of the contract or in an attached schedule. If certain services are specifically not included, these exceptions should be clearly set out. All deliverables, completion dates and deadlines should be listed.

3. Employees and Contractors. If more than one person will be providing consulting services, identify them and how they are related, i.e. which ones are employees and which ones are independent contractors retained by the consultant to assist with the project.

It may be helpful to include an organizational chart with each person's name, position and job description, and the reporting hierarchy. Each of these persons should agree in writing to be bound by the terms of the Consulting Contract.

4. Qualifications. The consultant's qualifications should be described, or if the parties prefer, the consultant can make representations to the effect that he/she is fully qualified to provide the services.

5. Term and Renewal. Define what the term of the agreement will be. If it is project-specific, clarify the circumstances that define completion of the project.

• Is the contract ongoing and open-ended?
• Is it a project-specific contract that will end when the project is completed?
• Is it a one-year arrangement?
• If there is a renewal option, does it renew automatically or will the parties negotiate a new contract before the old one expires?

6. Contract Price. The contract price should be clearly set out. You also need to be very clear about:

• The amounts of periodic payments and the dates on which they are due. If payments are tied to the completion of certain milestones, those milestones need to be clearly defined.
• The method of billing by the consultant (weekly, monthly, etc. or whether invoicing will be done periodically as milestones are accomplished).
• The method of payment by the customer. State if payment is net 30 after the date of the invoice or within a specified number of days after a deliverable is delivered or a milestone is reached.

7. Invoices. If an invoice is required to initiate the payment cycle, it's advisable to include a description of the invoice format or attach a sample invoice as a schedule.

8. Approval Process. Describe the procedure for approval and acceptance of each phase or deliverable, as well as the procedure for revisions if any are required.

9. Contract Extras. Describe how changes or additional services can be requested by the customer, the additional amount that must be paid for those extras, and when and how it must be paid.

10. Currency. Be clear on what currency is the basis for the amounts quoted by including a paragraph like this one: "All amounts required to be paid under or in connection with this Agreement shall be paid in lawful money of ___________ (name of country)."

11. Expenses. Detail which expenses will be paid by the customer, what proof is required for reimbursement by the customer (e.g., receipts), any maximum limit on expenses, and which expenses or amounts require the customer's prior approval. Clarify whether expenses will be included as line items on the regular invoices or if they will be billed separately.

12. Reporting. What kind of reports will the consultant be required to deliver, how often and in what form? This should all be clearly established in the contract.

13. Ownership. Be very clear about who will own the work product, including any intellectual property rights included in that work product. If the contract is made on a work-for-hire basis, the customer should be the owner of the work product and IP rights.

14. Insurance. Will the consultant be required to carry E&O / professional liability insurance during the term of the agreement? Make sure the insurance provision establishes the amount and type of coverage to be maintained.

15. Termination. This section should set out:

• the grounds on which the contract can be terminated by either party, and
• the procedure for termination, including:
  • the length of notice period required,
  • the form of notice (typically in writing) and how it can be given (by fax, personal delivery, registered mail, etc), and
  • what information must be included in the termination notice (reason for termination, date of termination, and methods by which the non-terminating party can remedy the situation and avoid termination),
  • what happens to work that is already underway,
  • payment of unbilled or unpaid amounts, and
  • which provisions of the agreement will survive the termination. This could include such things as confidentiality restrictions, intellectual property rights, and licensing arrangements.

16. Dispute Resolution. Include a provision to deal with how disputes arising out of the agreement will be handled, such as having the parties agree to submitting disputes to binding arbitration or a third party mediator. It should also include the legal remedies available to each party.

17. Governing Law. Clarify the jurisdiction which governs the agreement (eg. "This Agreement shall be governed in all respects by the laws of _________________.").

18. Notices. Provide an address for each party for service of notices and other communications. If copies are to be provided to attorneys, accountants or other advisors, include an address for each of these persons as well.

19. Confidentiality. Include confidentiality provisions in the consulting contract or, alternatively, have the consultant sign a separate Confidentiality Agreement, make reference to it in the contract and attach a copy as a schedule. The confidentiality provisions should survive the expiration or termination of the contract. Clarify what the legal consequences will be for disclosing any confidential information without consent.

20. Non-Competition. Consider whether to include a non-competition clause (also called a "non-compete"), which restricts or limits the consultant's ability to perform similar services for a client's competitors (or its customers) during the term of the contract.

21. Entire Agreement. Make sure that all items agreed to verbally are set out in writing in the agreement. And include a standard clause that says the agreement supersedes any other verbal or written agreements between the parties and that no modifications or amendments are binding unless they are in writing and signed by both parties.

22. Limitation of Liability. Limit your liability to the extent legally possible. You cannot completely eliminate or avoid liability, but you may be able to limit the amount an unsatisfied client can claim to a reasonable amount, such as the amount that the client has paid under the contract plus attorneys' fees.

The contract should specifically prevent recovery for consequential damages. Include your employees and subcontractors under the limitation of liability clause to reduce their exposure as well.

Important Points to Remember When Writing a Consulting Contract

Ensure that you understand what you're signing.

Both parties should review the contract with a legal advisor and ask for explanations of any clauses that are not completely clear. Whether you're the client or the consultant, you should not sign anything unless you fully understand what you're signing.

Spread out the payments.

If the contract is for a lengthy project, don't agree to wait until the end of the contract term to get paid. Split the payments up over the duration of the contract.

Avoid overly restrictive non-competition provisions.

If a non-compete provision is included, you must ensure that it does not unfairly restrict the consultant's ability to earn a living in his/her field of expertise. This can result in the provisions being struck down in the courts. For instance, in California courts non-competition provisions are very likely to be deemed invalid. And in most other jurisdictions the more restrictive the provision is, the more likely a court will strike it.

Be careful of the wording of the ownership clauses.

The ownership provision should be worded so that it does not give the client title to ALL work performed by the consultant during the term of the contract. This could be interpreted by a court as giving the client title to work performed for other clients. You should get legal advice on this subject to ensure that (i) your rights are protected and (ii) other parties' rights are not infringed upon.

Renegotiate any prohibition about assigning the contract.

You should be wary of provisions that unreasonably restrict the consultant from assigning their interest in the contract or from subcontracting any of the work. Renegotiate this with the customer to ensure that the contract allows for assignment with consent, which should not be unreasonably withheld.

Conclusion

Almost any contract - even a "standard" form contract - is negotiable. If you're signing someone else's standard contract and any condition or provision of that contract makes you nervous or uncomfortable, it's your responsibility to bring it up.

Remember: Don't sign anything until you're satisfied with it. Review it with your lawyer, who can then assist you in negotiating a more favorable arrangement.

_{Image by Aymane Jdidi from Pixabay}

A deed of trust might make it easier for you to get a loan to purchase your new home than trying to get a traditional mortgage from a bank. That's because you're basically giving over the deed to the property to the lender as security for the loan. But not all states allow the use of deeds of trust.

A parental consent letter, stating that the adult in charge has the parent's or guardian's permission to travel with the child and authorizing him/her to make decisions on behalf of that child, is now essential - especially if traveling out of the child's country of residence. It should be signed by every person who has custodial rights over the child.

Many formal proceedings and applications require you to swear an affidavit under oath (or make an affirmation) as part of the documentation. Some examples of this are: obtaining a passport, proving service of legal documents, getting a mortgage or other type of loan, changing a title deed after a name change following marriage or divorce, and selling assets.

Every business partnership, no matter how good the relationship, has the potential to end in dispute. So long as the parties agree on significant matters, minor disagreements generally resolve themselves. The best and most proactive way to attempt to resolve or avoid potential conflicts and to minimize the costs involved in conflict resolution is to have a Shareholder Agreement in place to deal with significant business issues before they arise.