3 ms·
IANAL, but I wouldn't necessarily consider it a "red flag". They are more or less trying to put the burden on you by having to travel to, or obtain counsel in F
by jeffmould 11y ago
IANAL, but I wouldn't necessarily consider it a "red flag". They are more or less trying to put the burden on you by having to travel to, or obtain counsel in Florida, should there be an issue. In my experience it is not a common request, as most contracts state that the terms are interpreted based on the laws of the state the contractor is located in. This is more common because you otherwise you would have to have contracts written for every state or area you have customers in. I can't imagine that any of their service providers would agree to those terms. For example, if they agree to the terms with a hosting provider or email service, those companies are not going to change their terms if they are not located in Florida.
I would ask an attorney for their opinion. It's not worth the hassle though, and if this is an absolute sticking point for the client, it may end up being a red flag and time to walk away. A couple options you may have would be to agree to arbitration or mediation in lieu of court. Another option would be to require a "legal deposit" that would put an attorney in Florida on retainer for the length of the contract. The deposit would either be applied to a final invoice or refunded at the term of the contract. This would discourage them from doing something frivolous down the road hoping you won't travel to Florida to enforce the agreement.
Again though, I would talk with an attorney before proceeding.