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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Can any solicitors help me with this quick question re: contracts?

4 replies

Lucky2010 · 13/08/2010 14:27

HI,
Will keep this as brief as I can.

I am setting up my own business, starting in Sept, doing hydrotherapy at a David Lloyd pool. DL are hiring me the pool at an hourly rate. I am starting off doing just 2 hours a week (also work 22 hrs NHS). In future, all going well, I may end up quitting NHS and doing more hours for myself privately. My only concern being that they (D. Lloyd) could pull the rug from under my feet at any time!!

I have drafted a contract for both parties to sign. Will this be 'worth the paper it's written on' or should I get a proper contract drawn up by a solicitor??

D Lloyd are very laid back about the arrangement, but they have less to lose than me!!

Any advice very gratefully received. Will check back later as off out now.

Many Thanks,

Lucky

OP posts:
willali · 13/08/2010 14:38

If you are both happy with the terms of the contract and it is signed then it will be enforceable. Whether there is wriggle room as far as the interpretation of the words is concerned should there be any dispute is a different matter.

You need to make sure there is a mutual notice clause so that either side can terminate the arrangement given a specified period of notice that will protect you against them stopping the arrangement out of the blue. You should specify that notice should be given in writing and sent by first class post (Ans set out the address to be used for the avoidance of doubt) as well ie not by email, text message or carrier pigeon!

You could also include a clause which states the hire cost and say that they also have to give you x notice if they wish to increase the cost (or provide that the hire cost will not be increased until the anniversary date). If you don't want to pay the increased cost then you can invoke the termination clause as above.

MAke sure you say at the end "THis contract is to be interpreted according to the laws of England and Wales"

Hope that helps!

willali · 13/08/2010 14:40

Oh and are you and your clients insured or covered by DL insurance? If the latter make sure you have a copy of their policy. If the former state in the contract that you are providing your own insurance.

willali · 13/08/2010 14:41

oh and thirdly does your NHS employment contract say anything about alternative employments etc?

I'll shut up now Grin

Lucky2010 · 13/08/2010 19:24

Thanks Willali, that's all really useful.
I am covered by my professional body insurance and then DL have their public liabilty insurance.

I have checked with my boss and no problem with working outside the NHS. Lots of physios have second 'private' jobs.

Thanks so much!!

OP posts:
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