Frequently Asked Questions...
Wait a minute.....I forgot. (Hockey)?
Why is the exact reason the Devils signed Kovalchuk?
I mean next season Parise will ask for a lot of money.
bq:What do you think of my fantasy hockey team?
Spezza
Zajac
Ovechkin
Wolski
Hossa
Gaborik
Burns
Whitney
Pitkanen
Boyle
Bogosian
Savard
Samuelsson
Filatov
Fleury
Steve Mason
Answer:
Lou wants Brodeur to win another Stanley Cup before he retires, so he had to bank on Kovy helping them do that this season.
Even if they don't win it this season, Parise might see that the team is close to a championship and sign for less than what's he's worth just so he can hoist the Cup.
BQ - I don't like your goalies or D. Mason won't get many wins and neither will have a good GAA or SV%. Your forwards are really good though.
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Ovechkin Signed
Framed Alexander Ovechkin Signed Jersey
I agreed to what?!?
Every year, I organize the hockey pool for my floor at my full-time job. Deciding whether to choose Crosby or Ovechkin is not so easy in this pool, though. Every year, I try to find a way to introduce an element of randomness into the pool so that mere knowledge of hockey won′t decide the winner. I′ve used different wacky scoring criteria for each of the past three years. However, this year I have had a number of complaints from my colleagues who entered teams. The complaint? Their team is doing poorly because they didn′t read the scoring criteria before they picked their team. My response is always the same: "Tough. You′re a lawyer. You of all people should have known you needed to read the rules!"
Depending on the company you′re dealing with, you can probably expect just as empathetic of a response if you complain about an agreement that you entered into without reading it. Contracts come in a variety of forms. There are terms and conditions printed on the back of concert tickets and parking stubs, company stock purchases will often dictate when you can sell the shares and whether or not you can vote at annual meetings, and let′s not forget the dreaded cell phone contract that seems to suggest that they can bill you for anything they want for infinity. We are so used to entering into "non-negotiable" contracts that we do it all the time without paying attention to what the agreement even says.
The fallout for the lawyers that entered into our hockey pool without reading the terms of participation is, at worse, the loss of their $10 entry fee combined with some mild mocking from their pool administrator (meaning me). For you as a consumer, it could be much worse. Always read an agreement before you enter into it. If you don′t understand or like what it says, you have three options: negotiate, accept it as is, or walk away.
There is much more room for negotiation than most people realize. I routinely have sales reps tell me that the terms of the agreement cannot be negotiated. What they really mean is that they can′t negotiate, but their manager or legal counsel can. Get to the person you need to get the deal you want. If you run into problems with the terms of the agreement down the road, you′re going to have to deal with that person anyway, so you might as well do it before you give them your money (and they′re still being friendly!).
If you′re buying something on the internet and you have to "click this box" to accept the standard terms and conditions you probably aren′t going to be able to negotiate them, but you still need to know what they say. To decide if you′re willing to accept the terms and conditions the company is offering you need to consider your HRO:
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What is your HISTORY with this company? Have you done business with them before? When things went wrong, did you like how they handled it?
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What RISK are you assuming by entering into this agreement? In a worse case scenario, how much could you be out-of-pocket because of this agreement? Does the agreement limit the company′s responsibility to cover your expenses? If you′re not happy, can you terminate the agreement?
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What are your other OPTIONS? Could you get this product or services somewhere else on terms that you are more comfortable with?
The next time someone shoves a piece of paper in front of you and expects you to sign it without reading it, just scooch over to the side and read it over. The company is going to hold you to that agreement, so you better know what it says.
And never ever enter into a hockey pool without reviewing the scoring criteria. And if you do enter into a hockey pool without reviewing the scoring criteria, don′t complain to the pool organizer. She′ll just make fun of you.
About the Author
Cherity is a Calgary-based lawyer who realizes that at some point almost everyone will need to work with a lawyer, and feels it is a lawyer's job to help clients understand their options so that they can make the decision that best suits their situation.
Cherity's work experience combined with her unique assortment of local and international post-secondary education assists her in understanding and addressing the concerns and needs of her clients. She has worked with businesses of all sizes during her 15 years in the Alberta business community, including all of the major Canadian sports networks, local television stations, and her current full-time position as in-house counsel for a Calgary-based company with international operations.
Cherity grew up in rural Saskatchewan, and credits that background for her common sense, work ethic, and love of hockey.
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