Appetizing Muse Shenanchie's Food Journal 230071 Curiosities served |
2004-09-11 9:42 AM Culinary Legal Mumbo Previous Entry :: Next Entry Read/Post Comments (0) Legalities always make me apprehensive and uncomfortable, but yesterday I finalized two documents in relation to the upcoming Shenanchie’s Kitchen Cookbook.
The first is a “Disclaimer & Purchase Agreement.” For my protection, as well as that of the buyer, a standard agreement form will have to be acknowledged by those purchasing the cookbook in any of the forms available (download or CD). This is not as dire as it sounds, it's just basic legal "protection" put in place that is also often used by other people and/or companies when selling electronically-formatted products.
The second is a “Letter of Intellectual Property Destruction.” In the event a refund is requested for a cookbook purchased, I prepared a form that protects my copyright while allowing me to issue a refund at the same time. Based on a similar document from Digital River, the form basically binds the person requesting the refund to destroy any and/or all copies of the cookbook in their possession. Because the cookbook is only offered in electronic format, it would be impossible for me to verify if those requesting refunds actually destroyed all copies of the document. By submitting the "Letter of Intellectual Property Destruction" form, the buyer is legally agreeing to destroy all copies of the cookbook, as well as returning the CD if applicable, when requesting a refund. As I feel the cookbook is in good solid standing, I expect very few if any requests for a refund, but the process is in place as an option for buyers. However, certain requirements have to be met before a refund is considered (re: CD Malfunction or Computer Incompatibility). Unfortunately, I know there are a few people out there who would use the cookbook and then try to return it. My reasoning for the refund requirements is that no one I know of buys a book from the bookstore, reads it, and then attempts to return it to get their money back.
The forms apply to those who intend to buy the cookbook CD; this does not affect the winner of the free cookbook drawing (except for the copyright information).
All of this is new territory for me. The only legal documents I have experience with are divorce papers, mortgage loan papers and publishing contracts. However, the above mentioned documents were well-researched and have the seal of approval from an attorney. Read/Post Comments (0) Previous Entry :: Next Entry Back to Top |
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