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Legal Recommendation Annette Silva BUS 20069 SNHU January 18, 2024

TO: Amy Watson FROM: Annette Silva DATE: 19/01/2024 RE: AW Photography Response Legal Contracts In today's world, contracts are necessary. Any contract must contain several fundamental components to be enforceable. components that, for the contract to be enforceable in court, will educate the parties involved on legal matters and expectations. "Offer, consideration, acceptance, mutual agreement, competency, and true assent are generally essential elements of a contract. Furthermore, a contract needs to have a legitimate aim to be enforceable, and it usually, but not always, needs to be in writing (Rohland, 2017). Contracts are legally enforceable agreements between parties, thus those parties must concur on the conditions for carrying out any specific duty stated in the contract. A contract must always contain an offer, or a pledge, from one party to the other to do something in exchange for the agreement, such as refraining from taking a specific action. "The offeree is the person to whom the offer is made. According to Rohland, Lindsay, Salem Press Encyclopedia, 2020, "an offer is typically conditional, meaning that the offeror will fulfill his or her obligation only if the offeree fulfills some obligation in return." The offeree has the option to accept or reject the offer once it has been put together. The contract must contain an acceptance for the offeree to accept it. Acceptance signifies agreement to the terms stated in the contract. or compliance by a single party. Similar to an offer, a contract needs consideration, which is an act or commitment made by one party to another party in exchange for that other party fulfilling a specific responsibility. Stated differently, both sides have to consent to forfeit something valuable to advance the interests of the other (Rohland, Lindsay, Salem Press Encyclopedia, 2020). A mutually beneficial agreement that benefits both parties, not just one, must be included in a contract. For a contract to be enforceable, both parties must demonstrate that they are competent and have the mental capacity to comprehend and accept its terms. According to Rohland, Lindsay, Salem Press Encyclopedia, 2020, "the courts have identified some individuals whom they consider incompetent, or lacking the mental capacity to create legally binding contracts." In addition to being competent, all parties must exhibit sincere consent or prove that they are doing so voluntarily before signing a contract. Since the parties are

not entering the contract of their own free will, real assent cannot exist if one of them misrepresents himself in the agreement or consents to the conditions under duress. Getting two additional parties to agree to a written agreement and making sure it is enforceable in a court of law require informing the concerned parties about legal issues and expectations for the contract. According to Rohland (2017), "this means that the purpose of a contract cannot be to carry out an illicit activity." Even though all parties have consented to the terms and have signed the contract before, contracts intended to carry out illegal conduct are unenforceable since they serve an illegal purpose. It may also be argued that failing to notify all parties about legal concerns and expectations regarding the contract constitutes an illegal behavior, rendering the agreement unenforceable in court. To establish a legally enforceable agreement between two or more parties is the goal of a contract. It isn't finished until it takes into account these four factors: the intention to form legal connections, the offer, acceptance, consideration, and consideration (Singh, 2010). For the contract to be enforceable, all involved parties must accept the offer regarding legal matters and expectations. Offers may be withdrawn at any moment if they are not properly conveyed to the parties concerned or if the recipients decline the offer. However, if the offer is accepted, it will become a legally enforceable contract between all parties. Therefore, any acceptance must be an unequivocal acceptance of the offer as offered, with no changes made to its terms. A contract ought to contain consideration. A promise or an act from one party to carry out a certain duty in return for a promise or an act from another party is known as consideration. Stated differently, both parties must consent to forfeit something of value to advance the interests of the other (Rohland, 2017). According to Amy's contract with Firm X, she is permitted to use any photo on social media and other websites as long as AW Photography is explicitly given written credit and the images are not altered. Since Amy bought the photos from AW Photography, she can use them for promotional purposes on her website. Thus, in accordance with the terms of the contract that Firm X and Amy's earlier attorney drew up, Amy is permitted to grant the public use of the images as long as AW Photography has given its prior, express written consent before the images are sold. Second, Amy and Firm X have a mutual agreement that permits her to use the photos on her website, provided that she doesn't modify or copy them. Public and promotional use were approved in the offer and first taken into consideration in the agreement when Amy accepted the offer from company X. When both parties agreed to the terms of the contract, they were of sound mind and were not under any duress.

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Intellectual Property and Copyright The works, concepts, and unique ideas of both individuals and businesses are shielded against theft by intellectual property. Intellectual property keeps other people or businesses from unfairly benefiting from your ideas and commercial creations. Three fundamental types comprise intellectual properties. Patents are granted for product designs, copyrights are granted for creative works, trademarks are granted for artwork, and company and product names are granted for slogans (Sons, 2017). Authors are granted copyright for their writing primarily for the purpose of presenting their thoughts in a physical, written form. Nevertheless, according to Don Mayer, Daniel Warner, George Siedel, and Jethro K. Lieberman (2012), "Copyright protects the expression of ideas in some tangible form, but it does not protect the ideas themselves." Intellectual property, including copyright, is a vital asset to any firm. This is because exploiting another company's copyrighted work might get you into legal problems, like a lawsuit. Asking the author for permission to use their work is the most advantageous way for a business to circumvent materials, particularly when using their work for commercial purposes. Since Amy already had permission from a previous legal contract to use the photos she took for Firm X, she is not need to obtain authorization in this instance. Amy is permitted to use the images captured for Firm X for commercial purposes, provided that she doesn't copy or sell the images without first obtaining express written consent from AW Photography. "AW Photography retains the right to use its images for commercial purposes on its website, social media accounts, and other platforms". Amy has the authority to control how her images are created, handled, and shared with the public, including for promotional purposes on websites and social media, thanks to her copyright agreement with Firm X. Amy and Firm X signed a contract that states that any images taken by AW Photography are covered by federal copyright rules. Additionally, AW Photographs may be used and sold as long as they are properly attributed and granted previous, express written authorization. Since Amy owns her own company, she is able to use her images for both personal and professional purposes, including posting them on social media, because her work is automatically protected by copyright from the moment it is made. As long as Amy gives credit to AW Photography for producing the images, she is free to use them whatever she pleases. Firm X has the legal right to utilize photos that Amy takes while traveling if they buy them from Amy, according to the terms of their contract. As long as Firm X purchases an image DVD from AW Photography, it is permitted by the terms of the contract to use the images for commercial purposes, as well as for promotion on

the corporate website and social media platforms. According to the terms of the copyright agreement, Firm X's purchase of photographs from AW Photography grants the client the right to use the images on websites and social media. Additionally, since Amy retains the rights to her photos, Firm X is permitted to utilize the photos Amy took for commercial purposes as long as Amy is properly credited in writing and the images are left intact. According to the terms of the agreement, Amy's prior, express written consent would be required for Firm X to sell or use Amy's photos in any way. The agreement signed by Firm X and AW Photography, however, is silent on whether or not Firm X personnel are permitted to utilize the images taken by AW Photography for social media or personal use. The customer may only use the photographs on websites and social media platforms if the contract clearly gives AW Photography specific textual credit and the images are left intact. Additionally, Firm X is the client in this instance, and the purchased photographs will be accessible to Firm X staff members. If they do, the staff members won't be in breach of the copyright agreement. Business Applications Limited liability firms, corporations, and partnerships are examples of business entities. A partnership arises when two or more individuals choose to start their own firm or business to make money. Both of them are regarded as co-owners of the enterprise. According to Don Mayer, Daniel Warner, George Siedel, and Jethro K. Lieberman (2012), "Partnership law and tax law permit an investor to put capital into a limited partnership and realize tax benefits without liability for the acts of the general partners." A corporation is a state-chartered legal entity that exists independently of its owner (Terence Lau and Lisa Johnson, 2017). Since a corporation is a different legal entity from its owner, it must be constituted by corporate law. Depending on the owner, corporations can be founded by one person or by a group of people with similar objectives for a set period or an indefinite one. A corporation exists regardless of its owners since it is a distinct legal entity (Terence Lau and Lisa Johnson, 2017). Due to its capacity to combine two conventional business structures for both tax and non-tax purposes, the limited liability company (LLC) is a business entity that offers various advantages over corporations and partnerships. An LLC provides business owners with limited responsibility, much like a corporation does. In addition, income is only taxed once rather than twice as is the case with most businesses because it is treated as a partnership for federal income tax purposes (Banks, 1994). A limited liability company would be the most advantageous kind of entity for Amy, based

on the information provided (LLC). An LLC is preferable to a corporation since it offers several tax and non-tax benefits, as well as the ability to shield Amy's company from copyright litigation. Since Amy is a sole entrepreneur and plans to hire less than 100 people in the future, an LLC would be the best option for her business. Entrepreneurs must make several difficult choices before they can launch their company. Entrepreneurs must make a difficult choice about whether to launch their company alone or with a partner to provide financial support. In the early stages of your company, it might be difficult to start a firm as a sole proprietor and obtain funding. According to Terence Lau and Lisa Johnson (2017), "many entrepreneurial ventures are built on great ideas but need capital to flourish and develop." But forming a partnership with someone who also contributed to the firm might be advantageous since they can offer additional expertise, experience, and talents. Being your own boss and having the freedom to make your own well-informed business decisions are two benefits of being a lone entrepreneur over a partnership. Being a lone proprietor allows you to expand your company at your own pace without having to notify a partner. But since the business is you and your name is the business, the business dies with you and cannot be passed on. As co-owners and equally and severally liable for all choices, partners in a partnership will enable you to transfer ownership of the company from one partner to the next. Because all partners share duties in the business, business partnerships and agreements between owners cannot be dismantled as simply as they were founded. Therefore, you can terminate that agreement and form a new one if one partner fails to notify the others of current business consequences. In order to assist her in managing day-to-day operations, such as scheduling, website maintenance, maintaining financial records, and supervising prospective future hires, Amy plans to hire a few people in the future. Here are several federal and state laws that Amy should be aware of before thinking about recruiting her future staff, as she is considering doing so. The Occupational Safety and Health Act of 1970, sometimes known as OSHA or the Act, gives the Secretary's agents the authority to examine workplaces for safety hazards and infractions that could lead to employee harm. OSHA was established to ensure that all employees work in a safe and healthy workplace. OSHA will look into any injuries sustained by employees to make sure the company is not in breach of any safety regulations. Individuals and their personally identifiable information are shielded from collection in the workplace by privacy regulations. "Privacy laws serve as the cornerstone for safeguarding privacy

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rights, which are regarded as the bounds defining the permissible degrees of interference that a person, a community, or an institution may lawfully undertake into the affairs of any legally acknowledged entity." (Gale, a Cengage Company, 2019). When recruiting new staff, Amy, you'll need to be aware of the minimum wage and overtime compensation requirements. Following the hire of new staff, you should make sure everyone is abiding by the privacy regulations. especially when they are using, sharing, and storing confidential client data on your business website. Particularly considering that they will utilize and distribute your company's clients' photos on your website and social media accounts. Your staff members must manage daily operations and maintain the website while maintaining the security of your clients' personal information. References Banks, J. A. (1994, september). Limited liability companies: the 21st century business entity . Don Mayer, Daniel Warner, George Siedel, and Jethro K. Lieberman. . (2012). The Legal Environment of Business . Don Mayer, Daniel Warner, George Siedel, and Jethro K. Lieberman. (2012). The Legal Environment of Business. Gale, a Cengage Company. (2019). Privacy, Privacy Laws, and Workplace Privacy . Rohland, L. (2017). Contracts . Retrieved from Salem Press Encyclopedia, 2020. 4p. Rohland, Lindsay, Salem Press Encyclopedia,. (2020). Elements of a Contract . Singh, A. (2010). Business and Contract law Sons, J. W. (2017). Respecting Intellectual Property Online .

Terence Lau and Lisa Johnson. . (2017). The Legal and Ethical Environment of Business” . Retrieved from https://scholar.flatworldknowledge.com/books/30461/lau- ch11_s03/read

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