Marketing is important for any business. As a result, if a Florida company has a product to sell, it will likely do what it can to ensure that it is marketing to a target audience. Because celebrities often have numerous followers on social media, it is a common marketing practice to pay celebrities to endorse products. Such an arrangement typically involves legal agreements, and if a party does not follow through, contract disputes could arise.

It was recently reported that FabFitFun, a subscription box service that provides beauty products, has filed a lawsuit against JFF Entertainment for breach of contract. Apparently, FabFitFun had come to an agreement with JFF Entertainment in order to have three actresses endorse its service. Ashley Benson, Cara Delevingne and Sarah Hyland were reportedly supposed to receive the product, do unboxings on social media and make subsequent social media posts using specific hashtags to show the products and the subscription service.

The issue arises from the fact that at least two of the actresses were unaware of the arrangement and, as a result, did not endorse the product. FabFitFun reportedly paid $80,000 upfront in order to cover half of the fees associated with obtaining the endorsements. The company alleges that JFF Entertainment breached the contracts involved, but a representative for JFF Entertainment said that the company was unaware of any lawsuit.

The terms of business agreements often act as guidelines for how the transaction should be carried out. When one side does not follow through, the breach could result in considerable losses for the other party. As a result, when contract disputes arise, it is important that Florida companies understand their legal options for mitigating damages and seeking compensation.

Almost any type of business transaction can benefit from having a contract in place. You may have signed many agreements over the course of your business, and in most cases, the relationships worked out as intended, and the contracts came to a close. However, you may have recently found yourself involved in a business relationship that is causing your company problems.

Unfortunately, despite signing a legally binding document, some parties may not abide by the terms of the agreement. When one or both parties do not follow those terms, a breach of contract has likely occurred. You may feel that the other company involved in your current business arrangement has breached the terms of your agreement, and you may be considering litigation for the first time.

Go over the contract

You certainly do not want to move forward with any frivolous lawsuit, and when you first noticed matters going awry with your current business deal, you may have attempted to contact the other party about the issues in hopes of resolving them. However, the others involved did not fix the problems. Despite other attempts at resolution, the issues have persisted, and now, you feel that litigation is your best option for protecting your company’s interests.

Lawsuits are unfortunately common in the business world, and you may have valid reasons to pursue one yourself. Still, to ensure that you do have such cause, you may want to go over the terms of the agreement:

• Did the contract stipulate the duties and responsibilities of each party and detail any prohibited activities associated with the business relationship? If so, the other party may have breached the contract by participating in prohibited activities or by not performing agreed-upon duties appropriately.
• Did the contract have terms relating to payment? If so, the other party may have violated the agreement if the entity did not provide payment on time or correct payment as stipulated in the contract.
• Did the contract have confidentiality terms? If so, you may have cause to file suit against the other party if the person or company did not keep proprietary information confidential.
• Did the contract include dates stating when certain milestones relating to the arrangement should be met or when the overall project should come to completion? If so, the other party may have violated the terms if the entity did not complete certain tasks by the agreed-upon dates.

These are important terms to have in most business contracts, and you may have included other details specific to the arrangement in which your company was involved.

Consider your options

As mentioned, you may have tried to contact the other party to discuss the issues to no avail. You may be considering your next steps, and if litigation is on your mind, you may want to contact an experienced Florida business law attorney who can assess your predicament and explain your available options.

Homeowners associations, condo associations and other community governing boards have a bad reputation. Television and movies often portray members and officers of HOAs as power-hungry, entitled tyrants who patrol the streets with clipboards and yardsticks to measure the height of each resident’s lawn. A fraction of an inch too high and the homeowner receives a warning and a fine.

However, this is seldom the case. In most Florida communities, the residents themselves comprise the HOA because they care and want to protect their property values. If you own property in a planned community, you may appreciate the rules that keep your neighborhood neat and quiet. However, the developer also has much at risk, and the covenants, conditions and restrictions are one way for developers to maintain some control over their significant investment. Unfortunately, both sides may face costly disputes when residents object to the rules or their enforcement.

When can I sue?

Your home is likely one of your biggest investments, and if you live in a planned community, you may have spent a substantial amount of money on that home. If you knew from the start that your community had a governing HOA, you probably had the chance to review the CC&Rs before signing any paperwork. By signing, you agreed to paying your dues on time and complying with rules regarding the interior and exterior appearance and use of your property. You may not have understood the following:

• The rules in the CC&R are legally binding.
• You may have sacrificed some of the rights and preferences that typically accompany homeownership.
• Your HOA may reserve the right to fine you without warning if you fail to comply with the rules.
• You may notice that your HOA officers do not apply those rules consistently among your neighbors.
• Failing to pay your dues, fines or other HOA obligations on time may result in the HOA foreclosing on your home even if the delinquent amount is relatively small.
• Some developers may cut corners to save money on common amenities and infrastructure, which may leave you and other residents footing the bill for major repairs.

These and other issues are not uncommon among planned communities with HOAs. If you spent a considerable amount of money on a home in a neighborhood that promised tranquility and privacy, you may be looking for answers about how to hold your HOA accountable for the costly issues you are facing. An attorney with a history of success in all aspects of real estate litigation may prove a valuable advocate.

Like businesses across the country, most here in South Florida cannot operate without relationships with other companies and individuals. There is often memorialization of those relationships in contracts in order to outline the agreements between the parties.

As long as both parties fulfill their obligations under the contract, all is well. However, if one party fails to do so, the contract will govern any dispute resolution. For this reason alone, it will greatly benefit your business to make sure your contracts will adequately protect your interests if a dispute arises.

Crucial elements of all your contracts

What basic items need to be in all of your contracts? The list below provides an outline of what a good contract will include:

• Offer
• Acceptance
• Consideration
• Meeting of the minds
• Capacity
• Legality
• Written documentation

Under each of these categories, you will put the specifics of your particular situation. For instance, you will extend an offer to another party to provide goods or services specific to your business and industry. Then the other party will accept your offer, and the two of you agree on the consideration, or payment, for what you will provide. For many people, these three elements provide the core of the contract. However, the other items provide important information regarding your business relationship.

The need to document your agreements in writing cannot be stressed enough. Verbal contracts are extremely difficult to uphold in court. Even if you are friendly with the other party, it should not deter you from documenting any business agreement you enter into in order to protect yourself. Transactions do not always go as planned, and you will want to make sure that you have protections in place in case you need to enforce your agreement.

Enlist some legal assistance

A primary function of any contract is to provide a reference point in case something goes wrong. The framework of the contract may be all you have if you need to resolve a dispute with the other party. The more detailed it is, the more information a court will have to review the situation and make a ruling that protects your best interests.

Creating the best contracts possible often presents a challenge. Fortunately, you do not have to undertake this endeavor alone. You could consult and work with an attorney knowledgeable and experienced in creating and litigating contracts to help you create agreements that protect your and your company’s interests.

Business relationships can open doors for companies. Often, companies choose to work together because they can each benefit from the arrangement. However, these relationships do not always run smoothly, and contract disputes can arise if one or both parties involved believe that the terms were not honored.

Florida readers may be interested in a lawsuit recently filed by Yum Brands. Yum, which owns restaurants like Taco Bell, Pizza Hut and KFC, filed suit against delivery service Grubhub, claiming that Grubhub created a new pricing structure without notifying the company. As a result, Yum believes that Grubhub has breached the terms of their contract. Yum indicated that consumers who order its food products for delivery through Grubhub would see an increase in fees of almost 40% under the new pricing structure. Yum believes that an increase in the fees to consumers would harm the company’s reputation for providing great value.

A spokesperson for Grubhub indicated that that the company denied the allegations made by Yum. Grubhub also has complaints of its own against Yum, indicating that the company violated an exclusivity agreement in their contract by working with other delivery services. However, Yum contests those claims by stating that working with other services was allowed as long as Grubhub had exclusive advertising rights to KFC and Taco Bell.

When contracts exist, the possibility of contract disputes also exist. Though the terms of these agreements can often help limit the possibility of conflict, they do not completely wipe out the chance of issues arising, as this case shows. If Florida companies are dealing with breach of contract issues, they may find it useful to understand their available options for protecting their company’s reputation, interests and overall well-being.

Starting a company is often exciting. It can also be exciting for that company to grow to a point at which a merger with another company is possible. However, mergers often involve various contracts and sacrifices, and if a person is not happy with his or her situation, contract disputes could arise.

Florida readers may be interested in a lawsuit underway in another state involving a breach of contract claim. According to reports, the founder of a company that merged with another company is suing because he believes his contract was violated. Apparently, the man agreed to a three-year employment term with the new company as a chief business officer. If the company wanted to end the man’s employment, which was allowed under the terms of the contract, he was to receive at least 30 days’ notice before the end of the contract.

The company did elect to end the man’s employment and gave him 30 days’ notice. However, the notice did not come before the end of the man’s initial employment contract. Though the company stated that it would pay the man a prorated salary for his remaining 30 days, he believes he is entitled to a full year’s salary because the company did not abide by the terms of the employment contract.

Contract disputes can often lead to lengthy and complicated conflict. As this case shows, if a disgruntled employee believes that he or she did not receive fair treatment under the terms of a contract, a lawsuit could result. If Florida businesses are handling this type of ordeal, they may want to ensure that they understand their available legal options.