Advice needed for start up

Asked almost 2 years ago - Rockville Centre, NY

I am looking to provide a platform for people to teach Yoga online. I am looking to recruit yoga instructors as independent contractors. I think this service would provide a lot of benefits ie convenient and lower cost. However here is the major problem. What happens if someone where to injure them self during a Yoga session? In my terms of use it would clearly say you need to hold me harmless and indemnify my company. Yet I am pretty confident an opposing lawyer would file a lawsuit against me regardless of this language. What are your thoughts? I think I have a great idea but without this being addresses I see zero potential.

Attorney answers (3)

  1. Allan J. Ahearne

    Contributor Level 7

    Answered . Terms of Use may be well drafted and may help a company defend and win a suit, but cannot prevent someone from filing a claim against the company.

    If you proceed in forming the business I recommend you hire counsel. My firm represents start-up companies in areas of technology.


    THE AHEARNE LAW FIRM, PLLC
    845-986-2777
    212-813-3153
    www.ahearnelaw.com

  2. Frank A. Natoli

    Pro

    Contributor Level 20

    Answered . Hi,

    It is always very important to have thoughtful terms that your clients adhere to before excepting your serivce. In these terms your liability can be greatly mitigated, but as suggested below, never eliminated. In most cases involving injury in these situations there is an "assumption of the risk" but you can always be sued.

    We have handled many such matters for our clients, so feel free to contact me if you care to discuss in more detail over a free consult.

    Best regards,
    Frank
    frank@lanternlegal.com

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
  3. Robert John Murillo

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Anyone can sue you at anytime. If you are expecting some guarantee that you can avoid lawsuits related to a business venture (also those suits may come from clients, contractors, employees, the states, and third parties), the answer is that this is impossible. Risks are part of business. Your goal is to mitigate those risks and the only way that is done properly is through legal advice on regulatory issues, agreements, terms, and other strategies. Hire a lawyer. Good luck.

    This answer is for informational purposes only and is not legal advice regarding your question and does not... more

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An independent contractor is a person or business that provides goods or services under the terms of a contract or verbal agreement.

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