Another local photog gave me a ring today to ask my opinion on a contract issue they are having with a client and while our conversation didn't really get very far, I'm interested to hear your opinions:
Client is having an event Feb 5, 2022. They signed the contract in December of 2021. Now, with covid spiking they are having second thoughts and want to reschedule.... pretty typical situation for the last 2 years lol.
Now here is the interesting part: according to the language used in their contract, no cancelations can be made inside of 180 days of the event. Any cancelation after that will result in forfeiture of any monies paid up until that point. Regardless, of whether you think those terms are fair or not, that is what is written, and that is what the client signed their name to.
My contention is that having the 180 day clause in a contract for an event that there isn't even 180 prior days to the event is tantamount to having a contract with unenforceable terms. You willingly put in a contract a parameter that in no way can be exercised within the space time continuum that governs the physical universe we occupy. 🤣🤣 The contract should have been amended to stipulate a time frame that is feasible between sign on date and event date.
Their contention is that where there isn't 180 days prior to the event, that is essentially just saying there is no cancelation policy for this contract.
Thoughts?
>Recent events have highlighted the risks associated with investing in companies that are based in or that have the majority of their operations in the People’s Republic of China (China-based companies). The Division of Corporation Finance believes that more prominent, specific, and tailored disclosure about these risks, and companies’ use of the variable interest entity (VIE) structure specifically,[2] is warranted to provide investors with the information they need to make informed investment decisions and for companies to comply with their disclosure obligations under the federal securities laws. The Division previously provided its views regarding certain disclosure considerations for China-based companies,[3] and, in July 2021, Chair Gensler issued a Statement on Investor Protection Related to Recent Developments in China.[4] Among other things, the Chair’s statement noted that the People’s Republic of China (PRC or China) has provided new guidance to, and placed restrictions on, China-based companies raising capital outside of China.
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>In light of these concerns, the Division is issuing comments to China-based companies seeking more specific and prominent disclosure about the legal and operational risks associated with China-based companies. The Division’s comments focus on the need for clear and prominent disclosure regarding the structure of the company, including the relationship between the entity conducting the offering and the entities conducting the operating activities, risks associated with a company’s use of the VIE structure, and the potential impact on the company’s operations and investors’ interests if such structure were disallowed or the contracts were determined to be unenforceable. The Division’s comments also focus on additional legal, regulatory, and enforcement risks that may apply to investments in China-based companies, such as the potential impact of the Holding Foreign Companies Accountable Act and related rules and any necessary PRC permissions a China-based company may need to operate its business or offer securities to foreign investors.[5]
[Source](https://www.sec.gov/corpfin/sample-letter-china-b
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Recent CS grad here. It seems like contracting jobs are big in my area and I haven't received any offers but these in my job search. My biggest fear in accepting these offers is being trapped by a hefty leave penalty fee.
I've heard mixed things on the legality/enforceability of these fees in court. This is especially true when the employer puts you through training, because they can argue that they invested money in you and are not receiving a return on their investment if you leave prematurely.
I guess I'm asking if such fees are always illegal/unenforceable in court. If not, under what conditions do they become legal/enforceable?
EDIT: I'm located in the United States. Government jurisdiction matters a lot here.
A few states including California, North Dakota and Oklahoma currently outlaw (or make unenforceable) non-compete contracts with an employer. Should federal legislation be passed to make this nation wide?
My lease states I must pay for and provide a receipt showing I had my apartment professionally deep cleaned by the landlord’s chosen cleaner before move out. Is this enforceable/ legal? Can the landlord deduct money from my security deposit or demand money if I do not pay for this?
This takes place in Delaware County, Ohio
This often gets asked on r/NI so hopefully this helps answer it.
Fines issued by private parking companies are not enforceable by the police or local authorities.
The companies operate throughout Northern Ireland at sites including shopping centres and retail parks.
They can issue a ticket a called a parking charge notice - which is technically an invoice - for what they deem to be a breach of their parking contract.
Edit: Forgot to post link https://www.bbc.co.uk/news/uk-northern-ireland-50756938
Got a ticket yesterday and was wondering if I should be worried.
I guess they could be enforceable within a time constraint, but indefinite non-disclosure should not be considered valid, since it is an alienation of the freedom of speech, which I see as one of the most basic natural rights.
