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FTC Announces Final “Click to Cancel” Rule for Subscriptions, Memberships

The Federal Trade Commission (“FTC”) has just announced the final version of its “Click to Cancel” Rule for consumer software subscriptions. The Rule will go into effect 180 days after it is published with the Federal Register. This Rule will directly apply to all companies selling on a subscription or membership basis to consumers.

Full Text of FTC Rule

The full text of the FTC Rule is linked here, at pages 222-230.

Fact Sheet of FTC Rule

The FTC has also made available a fact sheet which briefly summarizes key provisions of the “Click to Cancel Rule,” which is attached here.

Key Provisions of the FTC Rule

According to the FTC announcement, the “Click to Cancel” Rule will apply to “almost all negative option programs in any media.” The key provisions of the FTC Rule will prohibit:

misrepresenting any material fact made while marketing goods or services with a negative option feature;
failing to “clearly and conspicuously disclose” material terms prior to obtaining a consumer’s billing information in connection with a negative option feature;
failing to obtain a consumer’s express informed consent to the negative option feature before charging the consumer; and
failing to provide a simple mechanism to cancel the negative option feature and immediately stop the charges.

Revisions to Final Version of the FTC Rule

Also according to the FTC announcement, the FTC dropped from its final Rule an annual reminder requirement that would have required vendors to provide annual reminders to consumers advising them of the negative option feature of their subscription, as well as a requirement that vendors had to ask canceling consumers for approval before a vendor could tell a canceling subscriber about reasons to keep the existing agreement or of possible modifications that could be made without canceling the subscription.

Reasons for Adoption of the Rule

Why did the FTC adopt a Click to Cancel Rule? According to the FTC Announcement, the FTC was receiving 70 consumer complaints per day over negative option programs, and this number was “steadily increasing over the past five years.” The FTC’s announcement follows a recent California enactment of a more comprehensive “Click to Cancel” law.

Does the FTC Rule Supersede California Law?

The FTC Rule should not supersede California’s more comprehensive law; in fact, the Rule specifically states in its text that the Rule will not be construed to supersede any State statute, regulation or order “except to the extent that it is inconsistent with the provisions of this part, and then only to the extent of the inconsistency.” The expected impact of the FTC Rule is primarily to bring federal regulatory law closer to California regulatory law as it pertains to subscriptions and memberships.

What do Companies Utilizing the Subscription or Membership Model Need to do in Response to this Announcement?

All companies utilizing a subscription or membership model should revise consumer contracts and processes to comply with the FTC Rule over the next 180 days (whereas revisions must be made to comply with the new California law sooner: by the end of 2024). Companies utilizing the subscription or membership model with a business-focused customer base should similarly consider what changes to make to their contracts and processes as public policy will likely change regarding subscriptions generally along with the new FTC Rule and California law changes. If you have questions or concerns about how new FTC “Click to Cancel” Rule or the new California ”Click to Cancel Law” will impact your company, please schedule a consultation with me today at https://calendly.com/kristieprinz.

California Adopts New Law for Subscriptions, Memberships

California has just adopted a new law that will apply to consumer subscriptions, along with memberships and other autorenewing or continuous service arrangements with consumers. The “click to cancel” bill will impact not only the technology industry but also industries like gyms, telecommunications and streaming services providers, Internet businesses, and other services businesses selling on a recurring monthly fee basis.

AB 2863 amends California’s existing autorenewal law to add additional protections for consumers with respect to autorenewing or continuous billing charges.

Text of AB 2863

To view the full text of AB 2863, please click here. The law goes into effect on January 1, 2025, applies to all contracts entered into, amended, or extended after that date.

New Requirements for Consumer Subscriptions, Memberships

Under the new California law, it will now be unlawful for any business in the state that makes an autorenewal or continuous service offer to a consumer in the state to do any of the following:

Fail to present the terms of the offer in a clear and conspicuous manner in visual proximity to the request for consent of the offer, which includes if there is a free gift or trial, a clear and conspicuous explanation of the price that will be charged when the trial ends;
Charge the consumer’s credit or debt card or any third party account for the automatic renewal or continuous service without first obtaining affirmative consent from the consumer to the automatic renewal or continuous service agreement;
Fail to provide an acknowledgement that includes the automatic renewal offer terms or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that the consumer can retain, and if the offer contained a free gift or trial, the acknowledgement must include a disclosure of how to cancel and must permit the consumer to cancel before the consumer pays for the goods or services;
Fail to obtain express affirmative consent from a consumer to the automatic renewal or continuous service offer terms;
Include terms in a contract that interfere with, detract from, contradict, or otherwise undermine the ability of consumers to provide their affirmative consent to automatic renewal or continuous service terms;
Fail to maintain verification of consumer’s affirmative consent for at least three years, or one year after the contract is terminated, whichever is longer;
Misrepresent expressly or by implication a material fact related to the transaction;
Fail to provide consumer with a notice, before confirming the consumer’s billing information that clearly and conspicuously states:
- The service will automatically renew unless the consumer cancels;
- The length and any additional terms of the renewal period;
- The amount or range of costs consumer will be charged and the frequency of those charges, unless consumer stops the charges;
- One or more methods which consumer can cancel the autorenewal or service;
- If sent electronically, the notice must include a link that directs consumer to the cancellation process, or another electronic method that directs the consumer to cancellation; and
- Contact information for the business.

New Requirements for Gifts and Trials

In addition, businesses offering free gifts or trials at promotional or discount prices that last for more than 31 days in conjunction with an automatic renewal or continuous service offer will now be mandated to provide the same kind of clear and conspicuous notice no less than 3 days before and no more than 21 days before the expiration of the gift or trial. The only exception to this requirement is in cases of contracts that are not electronic, where the business has not collected or maintained the consumer’s valid email address, phone number, or other means of notifying the consumer electronically. “Free gifts” for the purpose of this law does not apply to a gift that is different than the subscribed product or service.

New Requirements for Contracts or Offers with Initial Term of One Year or Longer

If the contract or service offer was for an initial term of one year or longer, businesses will now be required to provide the specified notice at no less than 15 days and no more than 45 days before the offer renews.

Online “Click to Cancel” Requirement

Businesses that sign-up or subscribe consumers online will be required to provide one of two methods to allow consumers to cancel at will by either (a) a prominent link or button within the customer account or profile or within device or user settings, or (b) an immediately accessible termination email formatted and provided by the business that a consumer can email to the business without any additional requirement.

Direct Billing Requirement

Businesses that direct bill consumers on an automatic renewal or continuous offer basis will be required to provide a toll-free telephone number, email address, and postal address or “another cost-effective, timely, and easy-to-use mechanism for cancellation” that is described in the acknowledgement. If a telephone number is provided as the mechanism for termination, the business is required to answer calls promptly during normal business hours without obstructing or delaying the ability to cancel. If a voice mail is left by the consumer requesting cancellation, the business shall be required to either process the requested cancellation in one business day or call the customer back regarding the request within one business day.

Customer Retention Offer Requirement

Businesses will still be permitted to make customer retention offers, provided that they must first clearly and conspicuously inform the consumer that they may complete the cancellation process at any time by stating they want to “cancel” or similar words to that effect. Once the consumer states their intention to “cancel” or uses similar words, the business must promptly process the cancellation without obstruction or delay. Businesses making online customer retention offers will be required to display a simultaneous, prominently and proximately located and continuously displayed direct link or button labeled “click to cancel” alongside the offer. Once the consumer clicks on the button, the business is required to promptly process the cancellation.

Requirement for Material Term Changes

Businesses who materially change terms that have already been accepted by a consumer in the state will be required to provide to the consumer a clear and conspicuous notice of the material change and to provide information on how to cancel. If the change involves a fee that was already accepted, the business will be required to provide at least 7 days (and no more than 30 days) prior clear and conspicuous notice of the fee change and information on how to cancel.

Requirement for Annual Reminder

Businesses will be required to send an annual remind to consumers who have entered into annual automatic renewal agreements or continuous service agreements in the same medium that the agreement was activated or in the same medium by which the consumer is interacting with the business. If the medium was in-person or voice-based then the business may submit the reminder via telephone, mail, or another internet-based communication. The notice is required to disclose the product or service to which the agreement applies; the frequency and amount of charges; and the means to cancel.

Implications of Requirements

While these new rules apply only to automatic renewal agreements and continuous service agreements with consumers, they may be applied to small businesses in cases where the businesses are run by sole proprietors. Also, they may be applied in other contexts to businesses on public policy grounds, where the terms of service or contract terms in effect are not at least as good as what is required now by law in the case of consumers.

What does this mean for Silicon Valley Technology Companies?

Technology companies providing services on a subscription model basis need to start reviewing and updating their contracts and terms of service, as well as their practices and procedures, before the January 1, 2025 effective date of this new law.

If you have questions or concerns about how this new law will impact your subscription or membership-based company, please schedule a consultation with me today at https://calendly.com/kristieprinz.

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Kristie Prinz Explains Why Companies Should Audit Their Key Customer Contracts in a Sluggish Economy

Will Your Silicon Valley Company Become the Target of Customer Cost-Cutting?

It has become increasingly clear over the past few months that businesses are in a cost-cutting mode, as the economy has become more and more sluggish. While your Silicon Valley company is likely focusing on its own cost-cutting strategy, have you stopped to consider whether your most significant customers might be doing the same? Is it possible those key customers may be focusing on how to cut the cost of their contract with your business? Could they be talking to one of your competitors? Could they be building their own proprietary product to replace the cost of your product?

A sluggish economy is the perfect occasion to audit and review your key customer contracts for weaknesses that might allow your customer to walk out the door as a cost-cutting move.

You might wonder why you should spend any resources on contracts when business is already sluggish: isn’t this exactly the time when you should be reducing legal expenses, along with all your other cost-cutting efforts?

Well, no, actually. While, it has been my experience that this is in fact what most companies do; however, I have been practicing now for 26 years and had the occasion to see a lot of sluggish economies, and given that experience, I would argue that it is exactly the wrong move to make in a sluggish economy. Why would I say this?

Imagine this: it is two months in the future. Over the last 30 days, all of your key customers have stopped paying on their contracts with you and have advised you that they are suspending performance. You are confident that they are just cutting costs and have no grounds to terminate the relationship. You pull out the executed contracts and send them to your business attorney to review for the first time, confident that he or she will confirm your assessment. However, instead of confirming your position, your business attorney tells that the signed contracts were poorly drafted and that the customers may have had valid grounds to terminate.

In this scenario, if you had known there was something you could do to interrupt this chain of events and shore up the customer relationships before they collapsed, would it have been worthwhile to do it? Presumably, yes. If the customers were your truly your key customers, you probably had a lot riding on the continuation of those relationships.

If the fact pattern seems far-fetched, I’ve actually seen it play out many times during sluggish economies. The larger and more expensive the contract, the more at risk it is for termination in a sluggish economy. If you are confident it won’t happen to your company, consider what kind of representation you had for the drafting and negotiation of that contract? Did you work with experienced business counsel who had advised other Silicon Valley businesses through multiple bad economies, and involve that counsel at every stage of the negotiation and drafting process and then implement all of his or her recommendations? Or did you cut a few corners in getting your deal done? Perhaps handled a lot of the negotiation and drafting without counsel, or relied on less experienced counsel that was more affordable? If you are like many SaaS companies, you probably cut at least a few corners–perhaps you even cut a lot of corners–and the contracts executed by you and your key customers are full of holes.

What would truly be the impact to your company of a complete loss of your three largest customers? Your six largest customers? Your ten largest customers? How fast could you really recover in a sluggish economy?

If the prospect of this kind of business loss fills you with terror, then this is precisely why you should revisit your significant contracts now.

So, what is it that you can do to shore up your key client relationships now? Well, skilled business counsel can evaluate those contracts and identify the potential liabilities and then work with you to develop a strategy to renegotiate them. By taking the opportunity to renegotiate a weak contract before the contract terminates, you can extend the term of the relationship, fix the legal problems in the contract, and keep the customer happy in the first place by giving the customer a concession that the customer really wants in exchange for the longer relationship term that carries the relationship through the down economy.

Isn’t this a better outcome than losing a key customer altogether over a vulnerability in your contract that is exploited in a cost-cutting effort?

If your company has not had its key contracts evaluated recently by an experienced business lawyer, schedule a consultation with me today at https://calendly.com/kristieprinz. Let’s identify the vulnerabilities in your key contracts before your customer exploits the vulnerabilities as a cost-cutting move, and resolve any potential problems in the relationships before they arise and become the reason you lose those relationships.

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FTC Seeks to Amend Negative Option Rule for Subscriptions, Memberships

The FTC is seeking to amend its “Negative Option Rule” to add a new “Click to Cancel” provision, which would protect consumers from being forced to pay for unwanted subscriptions and memberships. A copy of the FTC notice of proposal is linked here.

Although adoption of “Click to Cancel” would obviously most affect technology and digital health businesses who are based on the subscription model, a “Click to Cancel” amendment would potentially affect any industry offering products or services on a subscription or membership basis.

What is the FTC’s Negative Option Rule?

The Negative Option Rule was adopted by the FTC in 1973, to address “negative option offers,” which the FTC defines as offers containing “a term or condition that allows a seller to interpret a customer’s silence, or failure to take an affirmative action, as acceptance of an offer.”

According to the FTC, negative option marketing utilizes four types of offers: prenotification plans, continuity plans, automatic renewals, and free trial conversion offers.

However, the FTC’s original Negative Option Rule only pertained to prenotification plans, excluding the continuity plans, automatic renewals and free trial offers that have become commonplace in 2024. Also, in the case of the original Negative Option Rule, prenotification plans were limited to the sale of goods, where sellers provided periodic notices to participating customers and then sent and charged for those goods only if the consumers took no action to cancel and decline the offer (i.e. the example of a wine club).

Also, the Negative Option Rule required clear and conspicuous disclosure of certain terms before a subscription agreement was reached. According to the FTC, those terms were as follows:

how subscribers must notify the seller if they do not wish to purchase the selection;
any minimum purchase obligations;
the subscribers’ right to cancel;
whether billing charges include postage and handling;
that subscribers have at least ten days to reject a selection;
that if any subscriber is not given ten days to reject a selection, the seller will credit the return of the selection and postage to return the selection, along with shipping and handling; and
the frequency with which announcements and forms will be sent.’

Finally, under the existing Negative Option Rule, sellers were required to define particular periods for sending merchandise, to give consumers a defined period to respond, to provide instructions for rejecting merchandise, and to promptly honor written cancellation requests.

What is “Click to Cancel’?

What would change with the FTC’s newly proposed “Click to Cancel” amendment?

Under the FTC’s proposed “Click to Cancel” rule change, the scope of the Negative Option Rule would be increased to make it pertain to not only prenotification plans but also to continuity plans, automatic renewals, and free trial conversion offers. Also, the proposed “Click to Cancel” rule provisions would mandate the following:

Businesses would be required to make cancelling a subscription or membership at least as easy as it was to start it;
Businesses would have to ask consumers if they want to hear new offers when they ask to cancel before they would be able to pitch new offers;
Businesses would be required to provide an annual reminder if enrolled in a negative option program involving anything other than physical goods, before they are automatically renewed.

Another “Click to Cancel” change would be that the under the new provisions any misrepresentation of a material fact related to any of the four negative option offers, whether expressly or by implication, would constitute a violation of not only the Negative Option Rule but also an unfair or deceptive act or practice in violation of Section 5 of the Federal Trade Commission Act.

What is the Potential significance of “Click to Cancel” to the Silicon Valley and Bay Area businesses?

The potential significance of the “Click to Cancel” change to the average Silicon Valley and Bay Area business is that, if this proposed rule is adopted, companies who make available products and services on a subscription or membership basis to consumers will need to update their consumer contracts and terms of service to confirm that they are compliant with the requirements of the Negative Option Rule, as amended.

The Silicon Valley Business Law Blog will keep you posted as to the status of the FTC’s proposed rule. If your subscription or membership-based business is concerned about its compliance with “Click to Cancel” please schedule a consultation with me to discuss today.

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California to Require Venture Capital Firms to Report on Diversity

Governor Newsom has just signed SB 54, which will require venture capital firms in the state of California to annually report the diversity of founders they are backing. According to Tech Crunch’s reporting, SB 54 will result in amendments to the Business and Professional Code and also will amend part of the Government Code pertaining to venture capital.

SB 54 goes into effect as of March 1, 2025, and requires the following aggregated information to be reported on all VC investments:

The gender identity of each member of the founding team, including nonbinary and gender-fluid identities.

The race of each member of the founding team.

The ethnicity of each member of the founding team.

The disability status of each member of the founding team.

Whether any member of the founding team identifies as LGBTQ+.

Whether any member of the founding team is a veteran or a disabled veteran.

Whether any member of the founding team is a resident of California.

Whether any member of the founding team declined to provide any of the information described above.

Failure to timely comply with the reporting requirement may result in the assessment of a penalty of One Hundred Thousand Dollars ($100,000.00) to be assessed against a “covered person.” SB 54 defines “covered person” as any person who does both of the following:

Acts as an investment adviser to a venture capital company.

Meets any of the following criteria: (i) Has a certificate from the Commissioner of Financial Protection and Innovation pursuant to Section 25231 of the Corporations Code. (ii) Has filed an annual notice with the Commissioner of Financial Protection and Innovation pursuant to subdivision (b) of Section 25230.1 of the Corporations Code. (iii) Is exempt from registration under the Investment Advisers Act of 1940 pursuant to subsection (l) of Section 80b-3 of Title 15 of the United States Code and has filed a report with the Commissioner of Financial Protection and Innovation pursuant to paragraph (2) of subdivision (b) of Section 260.204.9 of Title 10 of the California Code of Regulations.

SB 54 provides that reports will be due by March 1st of each year.

Tech Crunch reports that supporters of SB 54 have argued that this law will make venture capital more “transparent.” According to Tech Crunch, less than 3 % of all venture capital investments go to women or black founders.

Tech Crunch reported that SB 54 was opposed by the National Venture Capital Association and TechNet, though both organizations professed to support generally the concept of diversity in venture capital.

Although the impact of SB 54 will go beyond just the software industry, this new law is likely to have a significant impact on companies in Silicon Valley, particularly those having diverse founders, as mandated reporting will likely incentivize venture capital firms to further focus on considering diversity in investment. If your company has diverse founders, you will definitely want to keep this law on your radar screen going forward.

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What Every Small Business Needs to Know About Intellectual Property

~~Price: $25~~. Special: Free Viewing Click here to view If your small business is not in the life sciences or high technology industry, then you may think that your company has no intellectual property that you should be concerned about. However, the reality is that most small businesses today have intellectual property, regardless of the industry that they are in. This program was created to educate small businesses on what types of intellectual property they may have in their business and some of the issues that they need to be aware of. Program highlights include explaining what constitutes a copyrightable work, common copyright issues that arise for small businesses, how to ensure that you own the rights in design materials that you have developed, and how to protect your business ideas and plans. The program is primarily intended for business owners who have a “low tech” business and are not regularly dealing with intellectual property issues in their company, so no prior knowledge of intellectual property is assumed.

The speaker for this event is Kristie Prinz, the Managing Principal of the intellectual property and e-commerce boutique law firm, The Prinz Law Office, located in Silicon Valley, CA, who has extensive experience in working with entrepreneurs, start-up companies, and small businesses in the Silicon Valley. Ms. Prinz is a frequent speaker and media contributor on intellectual property-related issues. Her media interviews and appearances include Dow Jones, CNN Radio, American Public Radio’s “Marketplace,” IP360, California Lawyer, Genetic Engineering & Biotechnology News, and Sky Radio. She also authors the California Biotech Law Blog and the Silicon Valley IP Licensing Law Blog, and has been a regular contributor to the “Ask the Lawyer” column on intellectual property law for Lawyers.com. Ms. Prinz is an active member of the American Bar Association, where she serves as Chair of both the Programs and VOIP Committees of the Science and Technology Section. She is also active in the Cyberspace Committee of the ABA and California State Bar’s Business Sections and in the Silicon Valley Chapter of the National Association of Women Business Owners, where she recently finished a three-year term as a member of the board of directors. Her other activities include currently serving on the Advisory Board for the Silicon Valley Chapter of Licensing Executives Society. Ms. Prinz previously served as chair of the ABA’s Copyright Licensing Subcommittee for the Intellectual Property Law Section, and has served multiple terms on the Copyright Law and Corporate IP Management Committees for the Intellectual Property Owners Association. Ms. Prinz graduated summa cum laude with a BA in Political Science and Spanish from Furman University, and she is a graduate of Vanderbilt University School of Law. Time: approximately 33 minutes.

What You Need to Know About Nondisclosure Agreements

~~Price: $45~~. Special: Free Viewing

Click here to view

Nondisclosure agreements are perhaps the most overlooked agreements at any business. However, companies overlook these agreements at their own peril. This presentation examines what you really need to be considering in these agreements. Webinar highlights include an overview of the elements that should be in a well-drafted nondisclosure agreement and some of the tricks and traps that businesses often fall into in negotiating these agreements.

This webinar is based on a program, which was first presented to several clients in 2008 and 2009 in order to educate them on the issues involving nondisclosure agreements.

The program is designed to educate businesses on the important aspects of a nondisclosure agreement and to inform them about some of the issues that they need to watch out for in these types of agreements.

Ms. Prinz is a frequent speaker and media contributor on intellectual property-related issues. Her media interviews and appearances include Dow Jones, CNN Radio, American Public Radio’s “Marketplace,” IP360, California Lawyer, Genetic Engineering & Biotechnology News, and Sky Radio. She also authors the California Biotech Law Blog and the Silicon Valley IP Licensing Law Blog, and has been a regular contributor to the “Ask the Lawyer” column on intellectual property law for Lawyers.com.

Ms. Prinz is an active member of the American Bar Association, where she serves as Chair of both the Programs and VOIP Committees of the Science and Technology Section. She is also active in the Cyberspace Committee of the ABA and California State Bar’s Business Sections and in the Silicon Valley Chapter of the National Association of Women Business Owners, where she recently finished a three-year term as a member of the board of directors. Her other activities include currently serving on the Advisory Board for the Silicon Valley Chapter of Licensing Executives Society. Ms. Prinz previously served as chair of the ABA’s Copyright Licensing Subcommittee for the Intellectual Property Law Section, and has served multiple terms on the Copyright Law and Corporate IP Management Committees for the Intellectual Property Owners Association.

Ms. Prinz graduated summa cum laude with a BA in Political Science and Spanish from Furman University, and she is a graduate of Vanderbilt University School of Law.

Time: approximately 26 minutes.

What Every Small Business Needs to Know About Intellectual Property

~~Price: $25~~. Special: Free Viewing

Click here to view If your small business is not in the life sciences or high technology industry, then you may think that your company has no intellectual property that you should be concerned about. However, the reality is that most small businesses today have intellectual property, regardless of the industry that they are in. This program was created to educate small businesses on what types of intellectual property they may have in their business and some of the issues that they need to be aware of. Program highlights include explaining what constitutes a copyrightable work, common copyright issues that arise for small businesses, how to ensure that you own the rights in design materials that you have developed, and how to protect your business ideas and plans. The program is primarily intended for business owners who have a “low tech” business and are not regularly dealing with intellectual property issues in their company, so no prior knowledge of intellectual property is assumed. The speaker for this event is Kristie Prinz, the Managing Principal of the intellectual property and e-commerce boutique law firm, The Prinz Law Office, located in Silicon Valley, CA, who has extensive experience in working with entrepreneurs, start-up companies, and small businesses in the Silicon Valley. Ms. Prinz is a frequent speaker and media contributor on intellectual property-related issues. Her media interviews and appearances include Dow Jones, CNN Radio, American Public Radio’s “Marketplace,” IP360, California Lawyer, Genetic Engineering & Biotechnology News, and Sky Radio. She also authors the California Biotech Law Blog and the Silicon Valley IP Licensing Law Blog, and has been a regular contributor to the “Ask the Lawyer” column on intellectual property law for Lawyers.com. Ms. Prinz is an active member of the American Bar Association, where she serves as Chair of both the Programs and VOIP Committees of the Science and Technology Section. She is also active in the Cyberspace Committee of the ABA and California State Bar’s Business Sections and in the Silicon Valley Chapter of the National Association of Women Business Owners, where she recently finished a three-year term as a member of the board of directors. Her other activities include currently serving on the Advisory Board for the Silicon Valley Chapter of Licensing Executives Society. Ms. Prinz previously served as chair of the ABA’s Copyright Licensing Subcommittee for the Intellectual Property Law Section, and has served multiple terms on the Copyright Law and Corporate IP Management Committees for the Intellectual Property Owners Association. Ms. Prinz graduated summa cum laude with a BA in Political Science and Spanish from Furman University, and she is a graduate of Vanderbilt University School of Law. Time: approximately 33 minutes.

What You Need to Know About Nondisclosure Agreements

~~Price: $45~~. Special: Free Viewing

Click here to view Nondisclosure agreements are perhaps the most overlooked agreements at any business. However, companies overlook these agreements at their own peril. This presentation examines what you really need to be considering in these agreements. Program highlights include an overview of the elements that should be in a well-drafted nondisclosure agreement and some of the tricks and traps that businesses often fall into in negotiating these agreements. This webinar is based on a program, which was first presented to several clients in 2008 and 2009 in order to educate them on the issues involving nondisclosure agreements. The program is designed to educate businesses on the important aspects of a nondisclosure agreement and to inform them about some of the issues that they need to watch out for in these types of agreements. The speaker for this event is Kristie Prinz, the Managing Principal of the intellectual property and e-commerce boutique law firm, The Prinz Law Office, located in Silicon Valley, CA, who has extensive experience in negotiating and drafting nondisclosure agreements for high tech and life sciences clients. Ms. Prinz is a frequent speaker and media contributor on intellectual property-related issues. Her media interviews and appearances include Dow Jones, CNN Radio, American Public Radio’s “Marketplace,” IP360, California Lawyer, Genetic Engineering & Biotechnology News, and Sky Radio. She also authors the California Biotech Law Blog and the Silicon Valley IP Licensing Law Blog, and has been a regular contributor to the “Ask the Lawyer” column on intellectual property law for Lawyers.com. Ms. Prinz is an active member of the American Bar Association, where she serves as Chair of both the Programs and VOIP Committees of the Science and Technology Section. She is also active in the Cyberspace Committee of the ABA and California State Bar’s Business Sections and in the Silicon Valley Chapter of the National Association of Women Business Owners, where she recently finished a three-year term as a member of the board of directors. Her other activities include currently serving on the Advisory Board for the Silicon Valley Chapter of Licensing Executives Society. Ms. Prinz previously served as chair of the ABA’s Copyright Licensing Subcommittee for the Intellectual Property Law Section, and has served multiple terms on the Copyright Law and Corporate IP Management Committees for the Intellectual Property Owners Association. Ms. Prinz graduated summa cum laude with a BA in Political Science and Spanish from Furman University, and she is a graduate of Vanderbilt University School of Law. Time: approximately 26 minutes.

Negotiating Consulting Services Agreements in an Uncertain Economy

Introduction to Negotiating & Drafting SaaS Agreements

Best Practices for Negotiating SaaS Agreements in an Uncertain Economy

Best Practices for Negotiating Development Agreements in an Uncertain Economy

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<img title=”author” src=”https://siliconvalleybusinesslaw.com/wp-content/uploads/2021/09/author.jpg” alt=”author” width=”300″ height=”228″ /> Date & Time: April 13, 2020, 10-11:30 a.m. PST Price: $125 Early Bird, $150 General Admission, $175 Last Minute & On-Demand <a role=”button” href=”https://www.eventbrite.com/e/best-practices-for-development-agreements-in-an-uncertain-economy-tickets-100344491074″ target=”_self” rel=”noopener”> Register on Eventbrite </a>
With the rapidly developing changes affecting businesses due to the worldwide spread of the coronavirus infection, and the widespread fear of the potential economic fallout, what are some of the best practices your business should be implementing immediately in negotiating software, website, and technology development agreements?
The Prinz Law Office is sponsoring a webinar on “Best Practices for Negotiating Development Agreements in an Uncertain Economy” which will provide an overview on how companies should approach the negotiation of development agreements in the current economic climate, and steps you can be taking to protect your business in uncertain times. At this webinar, you will learn the following:
<ul>
<li>What terms should be in a well-drafted development agreement?</li>
<li>What special concerns do you need to address in uncertain times?</li>
<li>What steps can you take to protect your company against the risks of entering into development transactions in uncertain times?</li>
</ul>
Silicon Valley Tech Transactions Lawyer Kristie Prinz will be presenting this webinar. Ms. Prinz is a technology transactions attorney in Silicon Valley who has been representing early stage and mid-market technology companies for more than 21 years. Ms. Prinz is a nationally-recognized speaker, media contributor, and author on software, technology, and intellectual property-related issues. She publishes the Silicon Valley Software Law Blog and the new Silicon Valley Privacy Law Blog. Ms. Prinz is a graduate of Vanderbilt Law School and is licensed to practice in the states of California and Georgia.
This program is intended for in-house counsel and attorneys, as well as developers, consultants, and other businesspeople purchasing or performing development services.
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Best Practices for Negotiating Development Agreements in an Uncertain Economy

Date & Time: April 13, 2020, 10-11:30 a.m. PST
Price: $125 Early Bird, $150 General Admission, $175 Last Minute & On-Demand Register on Eventbrite

With the rapidly developing changes affecting businesses due to the worldwide spread of the coronavirus infection, and the widespread fear of the potential economic fallout, what are some of the best practices your business should be implementing immediately in negotiating software, website, and technology development agreements?

The Prinz Law Office is sponsoring a webinar on “Best Practices for Negotiating Development Agreements in an Uncertain Economy” which will provide an overview on how companies should approach the negotiation of development agreements in the current economic climate, and steps you can be taking to protect your business in uncertain times. At this webinar, you will learn the following:

What terms should be in a well-drafted development agreement?
What special concerns do you need to address in uncertain times?
What steps can you take to protect your company against the risks of entering into development transactions in uncertain times?

Silicon Valley Tech Transactions Lawyer Kristie Prinz will be presenting this webinar. Ms. Prinz is a technology transactions attorney in Silicon Valley who has been representing early stage and mid-market technology companies for more than 21 years. Ms. Prinz is a nationally-recognized speaker, media contributor, and author on software, technology, and intellectual property-related issues. She publishes the Silicon Valley Software Law Blog and the new Silicon Valley Privacy Law Blog. Ms. Prinz is a graduate of Vanderbilt Law School and is licensed to practice in the states of California and Georgia.

This program is intended for in-house counsel and attorneys, as well as developers, consultants, and other businesspeople purchasing or performing development services.

Best Practices for Negotiating SaaS Agreements in an Uncertain Economy

Best Practices for Negotiating Master Services Agreements in an Uncertain Economy

Date & Time: April 6, 2020, 10-11:30 a.m. PST
Price: $125 Early Bird, $150 General Admission, $175 Last Minute & On-Demand Register on Eventbrite

With the rapidly developing changes affecting businesses due to the worldwide spread of the coronavirus infection, and the widespread fear of the potential economic fallout, what are some of the best practices your business should be implementing immediately in negotiating master service agreements with customers and service providers?

The Prinz Law Office is sponsoring a webinar on “Best Practices for Negotiating Master Services Agreements in an Uncertain Economy” which will provide an overview on how companies should approach the negotiation of master service agreements (“MSAs”) in the current economic climate, and steps you can be taking to protect your business in uncertain times. At this webinar, you will learn the following:

What terms should be in a well-drafted MSA?
What special concerns do you need to address in uncertain times?
What steps can you take to protect your company against the risks of doing business in uncertain times?

This program is intended for in-house counsel and attorneys, as well as IT professionals, consultants, and other businesspeople working in the technology industry.

Best Practices for Negotiating Master Services Agreements in an Uncertain Economy

Date & Time: April 6, 2020, 10-11:30 a.m. PST
Price: $125 Early Bird, $150 General Admission, $175 Last Minute & On-Demand Register on Eventbrite

With the rapidly developing changes affecting businesses due to the worldwide spread of the coronavirus infection, and the widespread fear of the potential economic fallout, what are some of the best practices your business should be implementing immediately in negotiating master service agreements with customers and service providers?

What terms should be in a well-drafted MSA?
What special concerns do you need to address in uncertain times?
What steps can you take to protect your company against the risks of doing business in uncertain times?

This program is intended for in-house counsel and attorneys, as well as IT professionals, consultants, and other businesspeople working in the technology industry.

Best Practices for Negotiating SaaS Contracts & Managing SaaS Customer Relationships

Silicon Valley Business Law Blog’s Kristie Prinz to Present Series of Webinars on Negotiating in an Uncertain Economy

Silicon Valley Business Law Blog’s Kristie Prinz to Present Webinar on “Best Practices for Negotiating SaaS Contracts & Managing Customer Relationships”

Silicon Valley Business Law Blog’s Kristie Prinz to Present on Negotiating SaaS Contracts for Clear Law Institute

Best Practices for Negotiating SaaS Contracts & Managing SaaS Customer Relationships

Best Practices for Drafting SaaS Contracts & Managing SaaS Customer Relationships

Date & Time: February 19, 2019, 10-11:00 PST Price: $125 Early Bird, $150 General Admission, $175 On-Demand Register on Eventbrite Watch On-Demand What terms should be included in a well-written SaaS contract? How do you know if your SaaS contract is really protecting your business? What should you be doing after the SaaS contract is signed to manage the SaaS customer relationship? The Prinz Law Office is sponsoring a webinar on “Best Practices for Drafting SaaS Contracts & Managing SaaS Customer Relationships” which will provide an overview of how SaaS companies should be drafting customer agreements and what steps they should be taking to manage the SaaS customer relationship after the agreement is signed. At this webinar, you will learn the following:

What terms should be an in a well-drafted SaaS customer contract?
How do SaaS companies overcome common negotiating hurdles over terms?
What are the common drafting problems with SaaS customer contracts?
What do SaaS companies need to know about managing the customer relationship after the contract is signed?

Silicon Valley Software Lawyer Kristie Prinz will be presenting this webinar. Ms. Prinz is a software and technology transactions attorney in Silicon Valley who has been representing early stage and mid-market technology companies for more than 20 years. Ms. Prinz is a nationally-recognized speaker, media contributor, and author on software, technology, and intellectual property-related issues. Ms. Prinz has developed particular expertise in the fields of SaaS and digital health transactions. Ms. Prinz is a graduate of Vanderbilt Law School and is licensed to practice in the states of California and Georgia. This program is intended for in-house counsel and attorneys, as well as salespeople, founders, and other executives working with SaaS companies.

Best Practices for Drafting SaaS Contracts & Managing SaaS Customer Relationships

Date & Time: February 19, 2019, 10-11:00 PSTPrice: $125 Early Bird, $150 General Admission, $175 On-Demand Register on Eventbrite Watch On-Demand What terms should be included in a well-written SaaS contract? How do you know if your SaaS contract is really protecting your business? What should you be doing after the SaaS contract is signed to manage the SaaS customer relationship? The Prinz Law Office is sponsoring a webinar on “Best Practices for Drafting SaaS Contracts & Managing SaaS Customer Relationships” which will provide an overview of how SaaS companies should be drafting customer agreements and what steps they should be taking to manage the SaaS customer relationship after the agreement is signed. At this webinar, you will learn the following:

What terms should be an in a well-drafted SaaS customer contract?
How do SaaS companies overcome common negotiating hurdles over terms?
What are the common drafting problems with SaaS customer contracts?
What do SaaS companies need to know about managing the customer relationship after the contract is signed?

Best Practices for Drafting SaaS Contracts that Reduce the Customer Sales Cycle and Avoid Disputes

Date & Time: Thursday, March 29, 2018, 10-11:30 PST Price: $199 Register on Eventbrite Are your SaaS customers really signing an agreement that is effective for your business? How do you know if your SaaS contract is not just ineffective but is actually negatively impacting your business? The Prinz Law Office is sponsoring a webinar on “Best Practices for Drafting SaaS Contracts that Reduce the Customer Sales Cycle & Avoid Disputes” which will explore these topics of concern for SaaS companies. At this webinar, you will learn the following:

What makes an effective SaaS customer contract?
What terms should SaaS customers expect?
Common challenges with customer negotiations.
What drafting problems frequently result in stalled contract negotiations? Customer disputes?
How can better drafting close deals faster? Avoid subsequent customer disputes?

The speaker for this webinar will be Prinz Law Office founder and SaaS lawyer Kristie Prinz. Ms. Prinz’s practice focuses on advising early stage and small to mid-sized businesses on the negotiation and drafting of complex commercial transactions in the software, hardware, Internet, health technology fields of practice, as well as other related high tech and life sciences fields. Ms. Prinz is a regular speaker, media contributor, and author on technology law, intellectual property and entrepreneurship issues. Ms. Prinz has developed particular expertise in advising SaaS companies in negotiating and drafting their customer agreements. Ms. Prinz is a graduate of Vanderbilt Law School and is licensed to practice in the states of California and Georgia. This program is intended for anyone working at or launching a SaaS company. Having a law degree is not a pre-requisite for attendance.

Best Practices for Drafting SaaS Contracts that Reduce the Customer Sales Cycle and Avoid Disputes

Date & Time: Thursday, March 29, 2018, 10-11:30 PSTPrice: $199 Register on Eventbrite Are your SaaS customers really signing an agreement that is effective for your business? How do you know if your SaaS contract is not just ineffective but is actually negatively impacting your business? The Prinz Law Office is sponsoring a webinar on “Best Practices for Drafting SaaS Contracts that Reduce the Customer Sales Cycle & Avoid Disputes” which will explore these topics of concern for SaaS companies. At this webinar, you will learn the following:

What makes an effective SaaS customer contract?
What terms should SaaS customers expect?
Common challenges with customer negotiations.
What drafting problems frequently result in stalled contract negotiations? Customer disputes?
How can better drafting close deals faster? Avoid subsequent customer disputes?

Best Practices for Drafting SaaS Contracts that Reduce the Customer Sales Cycle & Avoid Disputes

Date & Time: October 26, 2017, 10-11:30 PST

General Admission Price: $199; On-Demand Price: $199 View On-Demand

Are your SaaS customers really signing an agreement that is effective for your business? How do you know if your SaaS contract is not just ineffective but is actually negatively impacting your business?

The Prinz Law Office is sponsoring a webinar on “Best Practices for Drafting SaaS Contracts that Reduce the Customer Sales Cycle & Avoid Disputes” which will explore these topics of concern for SaaS companies. At this webinar, you will learn the following:

What makes an effective SaaS customer contract?
What terms should SaaS customers expect?
Common challenges with customer negotiations.
What drafting problems frequently result in stalled contract negotiations? Customer disputes?
How can better drafting close deals faster? Avoid subsequent customer disputes?

This program is intended for anyone working at or launching a SaaS company. Having a law degree is not a pre-requisite for attendance.

Kristie Prinz Interview with Patrick Reilly on Technology Licensing

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What do Companies Utilizing the Subscription or Membership Model Need to do in Response to this Announcement?

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BLOG MAILING LIST

BOOK VIRTUAL CONSULTATION

LAW BLOGS

FIRM WEBSITE

PERSONAL WEBSITE

WHY TO AUDIT KEY CUSTOMER AGREEMENTS IN A SLUGGISH ECONOMY

BLOG POST ARCHIVES

SUPPORT THIS BLOG

RECENT ARTICLES

Full Text of FTC Rule

Fact Sheet of FTC Rule

Key Provisions of the FTC Rule

Revisions to Final Version of the FTC Rule

Reasons for Adoption of the Rule

Does the FTC Rule Supersede California Law?

What do Companies Utilizing the Subscription or Membership Model Need to do in Response to this Announcement?

Text of AB 2863

New Requirements for Consumer Subscriptions, Memberships

New Requirements for Gifts and Trials

New Requirements for Contracts or Offers with Initial Term of One Year or Longer

Online “Click to Cancel” Requirement

Direct Billing Requirement

Customer Retention Offer Requirement

Requirement for Material Term Changes

Requirement for Annual Reminder

Implications of Requirements

What does this mean for Silicon Valley Technology Companies?

What is the FTC’s Negative Option Rule?

What is “Click to Cancel’?

What is the Potential significance of “Click to Cancel” to the Silicon Valley and Bay Area businesses?

Blog Author: Kristie Prinz

NETWORKING GROUPS

LESSONS TO BE LEARNED FROM CROWDSTRIKE INCIDENT

IS IT TIME TO RETHINK YOUR COMPANY’S SUBSCRIPTION?

WHY NOT TO USE THE TERM “SAAS LICENSE”

UPCOMING WEBINARS

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