Archive for May, 2017

Why You Should Have a Kansas City Business Law Attorney Review Your Commercial Lease

Monday, May 15th, 2017

As a human being, we are not perfect creatures. While human beings are much more advanced than other life forms, we are far from infallible creatures.  In fact, it seems no matter how much more innovative the human race has become, it seems like there are certain pitfalls that we just cannot seem to escape. The biggest part of being human is to know that we are bound to make mistakes. Some mistakes are minor and not much worth talking about even the very next day. However, some mistakes are so big that they seem to penetrate every facet of our lives and have the power to haunt us forever. As a business owner, knowing that you could make a mistake that you would regret for years to come can be an unsettling thought. That is why it is important as a business owner to know when you should consult with a business law attorney. Signing a commercial lease without consulting with a qualified business law attorney first is the perfect example of a mistake that can have far-reaching negative effects.

It is critical to have a business law attorney review a lease agreement since commercial leases by their very nature are skewed towards landlords as they are written by the landlords. As a business owner, this means that commercial leases often contain numerous provisions that unfairly favor the landlord. Areas that are of particular concern include the following:

  • Lease term. A long lease normally benefits the landlord while a shorter lease term favors the business owner. It is important to negotiate this area of the lease since commercial leases are not easy or without significant financial cost to break.
  • Renewal clause. Once you find the perfect spot for your business, you want to make sure that you can keep your business at the location for as long as you see fit. Some leases have unfavorable renewal clauses or have no option to renew at all.
  • Fee provisions. In addition to the monthly rent, tenants are usually responsible for a share of the CAM or Common Area Maintenance fees. CAM fees are similar to the fees condo owners pay in addition to their mortgage. CAM fees can vary greatly from lease to leave and in some cases can exceed the monthly rent.
  • Oral promises. While oral promises are in certain cases enforceable, it is always better to have every term related to a lease contained in writing within the lease documents.
  • Hidden provisions. Often buried within a commercial lease are terms that can be quite detrimental to a tenant. One such term is personal guarantee clause. A personal guarantee clause is problematic because it opens a business owner up to an attack on their individual assets, something is otherwise not possible given the protections of incorporation.

If you are a business owner, who is considering signing a new lease, consult with a business law attorney first. Your attorney will discuss any potential pitfalls in the proposed lease and negotiate more favorable terms on your behalf.

As a business owner, it is important to find a Kansas City Business Law Attorney who knows and understands your business’s special needs. At Hubbard & Kurtz, L.L.P. our experienced Business Law Attorneys are dedicated to helping our clients protect their business. Our attorneys have assisted clients in both Kansas and Missouri with their business needs for almost two decades. At Hubbard & Kurtz, L.L.P. we understand the needs of business and want to be there for your business. No matter what your business needs, our team of attorneys can handle it all. To discuss your business needs with one of our seasoned business law attorneys, contact our office today at (816) 472-4673 to schedule a consultation.

Kansas City Personal Injury Attorneys Discuss Dog Bite Prevention Tips

Monday, May 1st, 2017

You can tell it is summer because everyone is outside enjoying the warm the weather. The longer days implore people to spend as much time as possible outdoors. Quickly days are filled with family picnics and barbecues, long walks to the ice cream shop, and trips to the park. There is just something about summer that begs us to be more carefree and just let kids be kids! However, while the summer season should contain a good amount of “rest and relaxation” it is also a time when parents need to be on alert as sadly summer is also dog bite season.

While dog bites are not limited to any particular season, summer time tends to see more than its fair share of dog bites. In fact, more than half of all dog bites happen in the summer months with the highest spike often occurring in August. According to dog experts, events like large gatherings which can be great fun for adults and children can be quite stressful for dogs. This is why it is important for all parents to understand the importance of teaching their children how to interact appropriately with dogs. Even a usually friendly dog can become irritable in the heat or when it feels crowded. By teaching your children to follow the rules, you can help reduce the likelihood of them being bitten by a dog:

  1. Ask before you pet. Teach your child to never pet a dog without first asking the owner’s permission first. It is important to ask, even when the dog is on a leash being held the owner, because the dog may be irritable, old, or may not like small children.
  2. Allow the dog to sniff you. Make sure that your child understands the importance of letting the dog sniff his or her hand before he or she tries to pet the dog.
  3. Never touch a dog without its owner present. Even if your child has pet a dog in the past, it is important for him or her never to pet the dog without the owner present. Children are often tempted to stick their hands through a fence to pet a familiar dog, which can cause the dog to become territorial.
  4. Do not touch or approach a dog that is eating or sleeping. Even a very friendly dog can feel threatened if it is approached when it is eating or sleeping.
  5. Use gentle touch. Small children are often excited at the sight of a dog. Make sure your that your child uses a gentle touch and does not pull or tug on the dog’s ears or tail.
  6. Do not run past a dog. It is important to never run past a dog, as the dog may think the child wants to play and begin to chase the child. Teach your child if he or she is being chased by a dog to be calm and stop running. If the dog knocks the child down, he or she should curl up into a ball with his or her hands protecting their face.

If your child suffered serious injuries after being bitten by a dog, you could trust the experienced Personal Injury Attorneys at Hubbard & Kurtz, L.L.P. to help. Our team of skilled Kansas City Personal Injury Attorneys will work diligently to make sure that justice is served. You can trust the Personal Injury Attorneys at Hubbard & Kurtz, L.L.P. to fight for you, just as they have fought for countless injury victims around the area, both in Kansas and Missouri. To find out how the attorneys at Hubbard & Kurtz, L.L.P. can assist you with your injury case, contact our office today at (816) 472-4673 to schedule a consultation.