The Ruby Freelancers Show 049 – Contracts with Attorney Jared Richards


Jared Richards (twitter [email protected] 801-438-2040)
Eric Davis (twitter github blog)
Evan Light (twitter github blog)
Charles Max Wood (twitter github Teach Me To Code Rails Ramp Up)

01:21 – Attorney Jared Richards Introduction

Bennett-Tueller Johnson & Deere of Salt Lake City, UT

03:37 – Things you should have in a contract

Who owns what
Work for hire/licensing

10:40 – Prospective Liability and Disclaimers of Liability

13:07 – Risk Management Tools

Warranty and protection against data loss
Limitations on liability

16:25 – Copyright & Patent Infringement

19:57 – Getting paid for your work

Cash up front
On-going retainers
Credit card authorization forms
Interest penalties
Collection costs

29:18 – Acceptance and Rejection Procedures

36:25 – Is a Statement of Work necessary?

40:20 – Subcontracting

42:25 – Client turnaround and response time provisions

43:24 – Purchasing of services/expenses

46:21 – Using client contracts instead of your own

Liquidated Damages Provision

52:20 – Conflicts of interest

58:56 – Arbitration, Mediation & Litigation

01:05:05 – Subcontractor Agreements

Regular reporting


Growing Developers - Curated Conversation About Building Developer Talent (Evan)
Mastery: The Keys to Success and Long-Term Fulfillment by George Burr Leonard (Evan)
Exercise (Evan)
Take Time Off Work (Eric)
Breathe (Eric)
Fire Up Ember.js | PeepCode (Chuck)
Meet Chef (Part 2 of 2) | PeepCode (Chuck)
Google Advanced Search (Jared)

Next Week
Better Prospecting for Freelancers with Steve Kloyda
JARED: I prefer keep away from the attorney jokes. They get told behind my back, I don't really get to hear them in person.

[Are you a busy Ruby developer who wants to take their freelance business to the next level? Interested in working smarter not harder? Then check out the upcoming book “Next Level Freelancing – Developer Edition Practical Steps to Work Less, Travel and Make More Money”. It includes interviews and case studies with successful freelancers, who have made a killing by expanding their consultancy, develop passive income through informational products, build successful SaaS products, and become rockstar consultants making a minimum of $200/hour. There are all kinds of practical steps on getting started and if you sign up now, you’ll get 50% off when it’s released. You can find it at]

[Hosting and bandwidth provided by the Blue Box Group. Check them out at]

CHUCK: Hey everybody and welcome to The Ruby Freelancers Show, Episode 49. This week we're going to be talking to Jared Richards, he's an attorney, about contracts. Before we get started, let's introduce the panel. This week on our panel, we have Eric Davis.

ERIC: Hello!

CHUCK: Evan Light.

EVAN: I'm back!

CHUCK: I'm Charles Max Wood from This week we have a special guest, as I said before, Jared Richards.

JARED: Hey everyone!

CHUCK: Jared, you want to introduce yourself really quickly so people can know who you are and how to find you?

JARED: Yeah absolutely. Jared Richards, I'm with the law firm in Salt Lake City, Utah called Bennett-Tueller Johnson and Deere, more casually known as BTJD. We have a large corporate practice and a lot of our group focuses on startups, more specifically technology startups. So we handle wide array of things from IP protection, contracts, venture capital, and sales of businesses. That's where we spend all our time, and thanks for having me on the show. You can find me on Twitter @UTStartupLawyer.

CHUCK: Yeah. So I met Jared a year or so ago…nah! I think it was longer than that. Anyway —

JARED: Yeah I think it's been a couple of years, yeah.

CHUCK: Yeah, it was at launch up,