LIMITED LIABILITY COMPANY
Blake's Skate Shop will use the form of Limited Liability Company, LLC. This provides limited liability protection to the business. Creditors can’t pursue the personal assets of the owners to pay business debts against the business. An LLC has plenty more benefits such as paying lower tax rate as opposed to a corporation, less requirements, and flexibility management. The business can choose whether it wants to be taxed as a sole proprietorship, partnership, or a corporation.
CONTRACTS
Blake's Skate Stop promises to abide by the perfect tender rule. If a customer does not receive exactly what they ordered, we will provide a refund. We want our customers to be 100% satisfied with the products they purchase.
The two main parties involved in the bilateral contract include Blake's Skate Stop and the customer. The purpose of the contract is to make sure customers know that if they purchase merchandise, they won’t have to be worried about not getting exactly what they paid for. The business will give consideration by supplying the customers with merchandise and equipment while the customer will give consideration by paying for such item from the store.
In order to operate effectively, our business is responsible for employee contracts which is between the business owner and the employees. The purpose of this contract is to agree upon the term of employment, terms relating to the responsibilities expected of the employee, agree upon certain benefits, vacation days and sick day policies, determining a way to solve arguments and disagreements to employment. Both parties will be giving consideration by signing the contract and abiding by the contract and duration of employment as agreed upon and the owner will promise to pay the employee and include benefits and what the contract encompasses. This contract will be for confidentiality agreements. Employees can gain access to a business’s confidential information just because they work there. This contract will help to protect the business’ confidential information from being leaked to an outsider.
As a new business, we are under a lease contract in order to gain capital for the established business. The parties of the contract would include the business owner and the landlord. This contract is necessary to have space to run the business, agree upon operating expenses, address real estate taxes and maintenance. In return, the landlord will allow the business to be operated and held in Salisbury, MD.
INTENTIONAL TORTS
Blake's Skate Stop is located in Salisbury, Maryland along with many other businesses and stores. Our business will be held responsible for any foreseeable harm that takes place on company property. We have a heightened duty of care to protect any customers within our store from any foreseeable harm. The business is located in a shopping center so if someone gets injured while in the parking lot, we will not be held responsible.
This business operates as a skate shop so someone couldn't sue the business if they buy a skateboard from the shop and they fall and break their leg while they were at their house. The business wouldn’t be held liable for the injury as skateboarding is a reasonably dangerous activity. If the business sold a product to a customer and it was defective, then the plaintiff would have to prove that the product had a defect when purchased. There are three types of defective conditions which include, manufacturing defect, design defect, or lack of adequate warning of foreseeable risks. Before we put our products on sale, there is a thorough inspection to insure that there are no defects with our skateboards, to provide optimal safety before use. To avoid someone suing the business for breaking their leg riding one of the skateboards in the store we have adequate warning signs telling them that the use of the skateboards are prohibited. This is so the store isn't liable for any injuries inflicted by customer actions.
AGENCY AND EMPLOYMENT
Blake's Skate Shop is required to follow federal anti-discrimination laws which include, Title VII of the Civil Rights Act of 1964, the ADA, and the ADEA. The business will follow these anti-discrimination laws due to the number of employees we have employed. For a business to be required to follow the Title VII there must be at least fifteen employees minimum, for the ADA and ADEA is required to follow such laws if a business have at least twenty employees.
To make sure the business follows Title VII, there won't be discrimination on the basis of race, sex, religion, or national origin. If discrimination does occur that would violate Title VII. It would be allowed if we can prove that the employee had a lack of characteristics “reasonably necessary to the normal operation”.
The business will make sure that the American Disabilities Act of 1990 won’t be violated and to give reasonable accommodations to perform job duties unless the accommodation(s) would be significantly difficult, too expensive, or creates an “undue hardship” to the employer.
The Age Discrimination in Employment Act is in effect when an employee reaches forty years old. If there is an employee that indeed is at least forty years old, we will make sure that they won’t be treated any different and discriminated against based on their age upon hiring, or within their professional relationship with the business.