Tag Archives: Andrew Kasmen

Must-Take Steps When Buying and Selling a Business – Andrew Kasmen

By Andrew Kasmen, Esq.

buying_and_sellingThere are certain essentials that a buyer and a seller must consider when contemplating the sale or purchase of a business to ensure that the transaction is successful. Here I’ll cover some of the basics to help you avoid problems both during the transaction and after.

Possibly the most important thing you must consider is whether you know enough about the business. As a seller, ask yourself: are you intimately familiar with the business’ financial position and history so that you can set an appropriate price and honestly respond to the buyer’s concerns? Conversely, if you’re the buyer, you need even greater knowledge. Do you know the industry you’re entering into? Do you know enough about this particular business and its employees and customers; and, most importantly, what do you know about the business’ financials?

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Employee Job Descriptions: A Hidden Key to Business Success – Andrew Kasmen

By Andrew Kasmen, Esq.

Effectively-developed performance profiles (more commonly known as employee job descriptions) are communication tools that can make a significant impact on your business’ success. Conversely, poorly-written job descriptions add to workplace confusion, hurt communication, and make people feel as if they don”t know what is expected from them. If you want to hire better people, you need to offer better jobs. Unfortunately, too many companies simply offer a job, not an opportunity. Rewriting your job descriptions can make the job interesting and worthy of consideration by top candidates.

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What Every Business Owner Should Know About Non-Compete Agreements – Andrew Kasmen

By Andrew Kasmen, Esq.

SignatureI’m often asked what agreements should be put in place in the normal course of operating a business. A non-compete agreement is an important agreement between the business and each of its employees that every business should use. A non-compete agreement, also known as a restrictive covenant, provides critical protection for your membership business and its assets. The good news is non-compete agreements are fairly simple to execute.

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Surviving a Natural Disaster: Tips to Prepare and Protect Your Business – Andrew Kasmen

By Andrew Kasmen, Esq.

SOSIt is the rare, and lucky, individual who has not felt some business or personal impact from a natural or man-made disaster.  Floods, tornadoes, hurricanes, snowstorms and similar events have caused tremendous destruction, yet most business owners fail to plan for such catastrophic events. What would you do if your business fell victim to a natural or man-made disaster?

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What Form Should Your Business Take? – Andrew Kasmen

By Andrew Kasmen, Esq.

thinkingWhen starting a business, one critical decision you will make is what form your business will take. Should you be a sole proprietorship, enter into a partnership with others, or should you form a corporation?  If a corporation, what type of corporation best suits your needs?

The choice directly impacts your businesses’ profitability and sustainability and, significantly, your potential liability. It is a decision that should be made carefully, in conjunction with your legal counsel and accountant, to ensure that you choose and maintain the form that’s right for you.

This article covers the most common business entity forms and how each may affect your business.

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Business Continuation Planning Essential for Survival – Andrew Kasmen

By Andrew Kasmen, Esq.

RetirementAt some point in time you will leave your business. You may not know how or when, but most often it will happen in one of three ways: retirement (or sale of the business); disability; or death. What happens to your business, or critically to you and your family, in these situations?

The personal relationships that you have taken years to nurture and build may disappear in an instant without any compensation for your time, energy and dedication. To protect the value of those relationships and ensure that the situation does not end poorly, you need a business continuation plan.

Let’s examine the issues that could come about as a result of death, retirement and disability:

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Should Your Business Have a Social Media Policy for Employees? – Andrew Kasmen

By Member Solutions

social_networksThe explosion of social media ― Facebook, Twitter, LinkedIn and other social networking sites ― has created some unique issues for employers.  How can you address employees’ use of social media at the workplace? More importantly, how do you deal with it outside of the workplace? What are employers’ rights and employees’ rights with respect to the use of social media tools? This article will examine some of these issues in this relatively new, but rapidly expanding, area.

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Your New Year’s Resolution – Protect Your Business – Andrew Kasmen

By Member Solutions

protection   windows 7 wallpapersThe New Year is a perfect time to set new goals for your business for the coming year and for the future. While it is obviously important to have a plan in place to obtain new members and retain existing ones, it is equally as important to protect the business that you have built from risk.

Would your business survive if you were sued by a member who suffered a serious injury during training? How about if one of your employees took a member’s credit card information and used it for their own personal expenses? What if you were sued by a parent claiming that one of your instructors improperly touched their child?

In these litigious times, it is critically important that you protect your investment from liability and financial loss. Moreover, if you run a business like a Martial Arts studio, MMA gym or fitness club that provides physical fitness classes, curriculum and activities, it is critical to protect your business and yourself in the event your staff or members are injured during normal business operations.

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Membership Contracts: Do Your Agreements Include Standard & Material Terms? – Andrew Kasmen

By Member Solutions

g--marketing-blog-all_blog_images-tandc_istock_000018355578xsmallIn an earlier blog post I discussed a number of contract issues which could lead to problems in your customer relationships (See: Membership Contract Issues to Keep In Mind). However, well before you reach those potential pitfalls, you should know that the contract you are presenting to a customer is a valid, enforceable, legal document containing all of the required “bells and whistles.” What must or should be included in the contract? This article we will examine the “bells and whistles” that make up a valid, enforceable, legal contract.

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