Would a self-drafted contract with an individual, not based in Australia offer any protection?
I would like to outsource some instructional design work to an individual in the Phillipians. We would be working privately - ie without any third party connections/websites. If were to draft a contract for us would it offer both of us any protection?
Allison
Rebecca Carroll-Bell and Jenny Tse are two of the legal minds here on Savvy who could undoubtedly answer this question more fully. From my own observation, this looks like a straightforward proposal confirmation document requiring agreement on the scope of work prior to the project being commissioned, and subject to the standard Terms and Conditions of your business.
The simple answer is yes it would be valid but there are a number of things to consider about enforcability. For instance which law will apply - Australia and elsewhere. The other issue is about have you protected the design through patent or design or trademark, that can be enforced. I would certainly recommend a confidential agreement. In relation to,payment, if possible do progressive payments some work is undertaken before payment.
Allison Williams
Great thank you. I appreciate your answering.