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Version 7.0 - UNREGISTERED VERSION- June, 1991
MANUAL
THE HOME AND BUSINESS LEGAL GUIDE AND FORMS GENERATOR (tm)
Copyright 1990 Kraft & Byron
Portions Copyright 1991 Kraft, Byron & Clary
_______
____|__ | (tm)
--| | |-------------------
| ____|__ | Association of
| | |_| Shareware
|__| o | Professionals
-----| | |---------------------
|___|___| MEMBER
All Rights Reserved
INTRODUCTION
CONTACT R FRINGE AT:
1-407-331-7288 (voice)
1-407-331-7754 (bulletin board N,8,1- 9600/2400/1200)
1-407-699-8419 (fax)
Compuserve: 76177,1421
GENIE: H.KRAFT1
A. PLEASE READ THE READ.ME FILE FOR MORE INFORMATION FOR
IMPORTANT INFORMATION AND ANY LAST MINUTE NEWS AND CHANGES. To
print out the manual please use the command:
<printem>
SPECIAL NOTE: IN THIS MANUAL ITEMS TO BE ENTERED ON THE COMPUTER
ARE ENCLOSED IN ANGLED BRACKETS "< >". Follow the entry with the
ENTER key. Do not type the brackets as they are only placeholders
for text to be entered by you.
B. ORGANIZATION OF MANUALS-- We provide two separate but
complimentary manuals. The first is the "quickstart" manual. If
you are a power user, this very brief manual explains each active
key and function. The second manual (the one that you are now
reading) is a detailed manual, consisting of 8 sections:
1) System Requirements/Installation
2) Use of the program
3) The information needed to generate legal forms
4) Customer Satisfaction- Support
5) Reserved
6) About our staff
7) Legalese-- warranties, trademarks, warnings
8) Index
SECTION ONE
INSTALLATION
Section 1-1 INSTALLATION
To install the Home and Business Legal Guide and Forms
Generator, first back up your installation disks by using the MS
DOS command DISKCOPY. For more information about DISKCOPY,
consult your computer's manual. Place the master disks that you
received in a safe place and use your backup copies.
To begin installation, switch to the floppy disk drive that
you will use to run the installation program, and then enter
<INSTALL>
follow this with the
<ENTER>
key. (The "enter" key is sometimes labeled "RETURN" or with a
descending left arrow.)
Follow the on screen prompts to complete the installation
process. This will take some time. Sorry! But it does take some
time to get all of the information we provide onto your computer.
You must have a hard drive to use this program with approximately
2.1 megabytes free.
SYSTEMS REQUIREMENTS
In order to operate this program, your computer must:
1) have an IBM PC compatible operation a version of M.S. DOS,
D.R. DOS or P.C. DOS of 2.1 or higher; this includes 2.1, 3.0,
3.1., 3.2, 3.3, 4.0 and higher or OS/2, PS/2; to find out which
version of "dos" you have installed enter at a system prompt;
this program happily runs under Windows environments/Multi
tasking environments etc. (The installation program requires MS
dos 3.0 or higher to change the path in your autoexec.bat; the
legal guide program itself does not require Dos. 3.0 or higher)
To find out which version of dos you are using, please enter:
<ver>
and you will receive a cheery message such as
MS-DOS VER 3.20
in general this program will operate on XT compatibles, '286
compatibles (AT Class) and '386 compatible systems; 486 systems;
2) have a hard drive (fixed disk);
3) have at least 448 K Bytes of USABLE memory; many computer
users have machines that are installed with 512K, 640K or more
but install many Terminate and stay resident (TSR or "memory
resident" programs) which each use memory, dropping available or
usable memory to less than 448 K; if you cannot operate this
program dump out of it (the time honored process pressing
Control, Alternate and Delete at once to "warm" reboot) and at a
system prompt type, exactly
<chkdsk>
Your machine should whirl and click and then announce something
like this:
655360 bytes total memory
620000 bytes free
if you have less that 448000 bytes of memory free, then you must
read the manuals for your memory resident software and delete
some of them so that you have at least 448000 free when you run
this program. There are utilities that "manage" terminate and
stay resident program advertised in your favorite computer
magazine. If you would like an operating environment that manages
memory and can make your computer stand on its head allowing
multitasking among many other great things, check out the great
products from Quarterdeck.(tm)
IMPORTANT CAVEAT: Many persons use file management shells like
the Norton Commander(tm) or PC TOOLS (versions 6 and higher).
These programs consume memory when used. Often persons also load
several Terminate and stay resident utilities and a file manager.
The likely result is that you will be often reduced to less than
300k free memory. This will S.. L.. O.. W.. down your system and
cause many programs not to load at all. Running the Home and
Business Legal Guide from DOS is simple and recommended!
There is no minimum requirement for graphics adapters or color.
The program will happily run on a text-mono system; and it looks
very great on a VGA system! Due to our design philosophy the
program will run on a system with NO color and no graphics
capability at all.
A printer is recommended so that you can fully use the Home
and Business Legal Guide. (You cannot print out legal documents
without access to a printer.)
SECTION 2
USE OF THE PROGRAM
STEP ONE (LOGICALLY) STARTING THE PROGRAM
Section 2-1 QUICK START MANUAL
A separate file on this disk contains a "quick start manual" for
experienced applications users which gives all of the active keys
for each program. A detailed manual follows.
Section 2-2 START UP AND MAIN MENU
In order to start the program, be sure that you have either have
the computer in the legal subdirectory or that the program is on
the current path. Now type:
<guide>
(or <GUIDE or guIDe in MS-DOS, they are the same to the
computer.) and press the Return
<Return>
key. The main menu offers a help screen.
Section 2-3 MOUSE USERS
Your mouse driver must be loaded before attempting to use a mouse
on the program. For more information on loading your mouse
driver, please see the manual which came with your rodent. To
begin using the program, type
<Mguide>
then <Return>. Clicking the left button sends a carriage return,
the right button page down, both buttons, sends Escape. Moving
the rodent up and down advances the cursor up and down. NOTE: We
do not have a separate mouse cursor. The mouse is emulating the
cursor keys.
Section 2-4 SELECTING FROM THE OPTIONS PROVIDED
To select your choice, either use the cursor keys (up and down
arrows) to highlight the choice you want, or, enter the letter
corresponding to your choice, and then press
<Return>.
We will explain the operation of the statutes, and tutorials
(mini-seminars), and document preparation separately.
Section 2-6 THE SHELL GAME- OUR DOS "SHELL"
Choice "S"- DOS Shell-- Our DOS "shell" is a utility program
which allows you to perform tasks, while retaining the Home and
Business Legal Encyclopedia in memory. For example, if you want
to format a floppy disk, but do not want to exit the program,
then choose the DOS Shell option, by either highlighting this
option using the cursor keys (up and down arrows) or pressing
<S>
then press <RETURN>.
You will then see a message indicating that your operating system
has been loaded. For example,
Microsoft (R) MS-DOS (R) Version 3.20
(C) Copyright Microsoft Corp. 1981-1986
you may then operate DOS commands. At all times, the Legal Guide
remains in memory. To resume use of the program, type <EXIT> and
then <Return> or <Enter> (On some machines the key is marked
return, on others enter, and some have a left descending arrow.)
This will return you to the opening screen.
Section 2-7 STATUTES MENU
The Home and Business Legal Guide contains the full text, with
attorney's explanations of many important laws and governmental
regulations. To choose this option from the main menu, press
<B>
and then <ENTER> (Return), or highlight this option by using the
cursor keys- up and down arrows.
Once you are reading the full text, you will occasionally
see blocks of text marked with "/*" and closed with "*/." These
are distinguishing placeholders to show comments as opposed to
the full text of the law or regulation. Copyright stuff: We do
not claim copyright on government material contained in the
statutes menu. However we do claim copyright on all the rest of
the program and on the comments within the statutes.
****************************************************************
IMPORTANT NOTICE: YOU HAVE RECEIVED A PACKAGE CONTAINING THE MOST
RECENT DATA. CHECK FOR UPDATES IF YOU HAVE COMMUNICATIONS
CAPABILITY. EACH MONTH WE RELEASE ADDITIONAL FORMS AND
INFORMATION. REMEMBER THAT LAWS CHANGE (OFTEN SUDDENLY AND
WITHOUT NOTICE) AND BE SURE THAT YOU HAVE THE LATEST UPDATES.
****************************************************************
Section 2-8 BROWSING THROUGH THE STATUTES
You may read the statutes by pressing the page up, page down,
cursor keys for up and down (up and down arrows.) The left and
right cursor keys are special. The left arrow key returns you to
the previous comment; the right arrow searches for the next
comment.
If you press the left arrow key and the text does not change,
this means that you are seeing the first comment; if you press
the right arrow key and the text does not change you are then
viewing the last comment in the file.
Section 2-9 LET'S TAKE NOTES
USE OF THE "NOTE PAD"- JOT NOTES WHILE LEARNING ABOUT THE LAW
If you want to take a note while reading the tutorial, put our
memory resident note pad to work. From any point once you are
reading the text of the tutorial type
<F2> (Function key 2)
and then a note pad will open on the bottom of the screen. This
is a nice feature so that you won't lose your place or have to
go get a pad and paper if you find something interesting that you
might want to take notes about. Since it is for jotting notes, we
have made it very simple to use. Simply type in your note, using
the backspace key to erase characters.
NOTE PAD HELP
To get help regarding the notepad utility, simply press
<F1>, (function key one)
while the note pad is open. The help screen contains a full
explanation of the note pad's use.
PRINTING OUT YOUR NOTES
To print out our notes, make sure that your printer is ready,
power on, properly connected, with paper and ribbons, and then
press
<F3> (Function key 3)
ERASING AND SAVING NOTES
<F10> (Function key 10)
erases everything on the note pad. You cannot recover notes once
erased by using F10. To "toggle" back and forth between the note
pad and the text of the tutorial, press
<F2> (Function key 2)
Your notes are saved automatically every time that you toggle
back and forth between the note pad and the tutorial's main text.
Section 2-10 SPECIAL STATUTE- DEFINITIONS
This program contains a special "statute"- the on line legal
phrase dictionary. Select this option to look up unfamiliar legal
terms. Please let us know if you find other words we should
define.
Section 2- 11 EXITING THE STATUTES
To leave a statute, you may press
Escape <ESC>
which will return you to the statutes menu. To return to the main
menu, press
<M>
To exit the program completely, press
<X>
which will send you back to DOS and quit the program.
Section 2-12 TUTORIAL (MINI-SEMINAR) MENU
WHAT IS A TUTORIAL/ MINI-SEMINAR?
The Home and Business Legal Guide contains mini-seminars
called tutorials about the subjects that our research, your mail,
and our radio program show are of the most interest to our users.
To select this option, either highlight option C from the main
menu, or, enter the letter
<C>
Then press <ENTER> (Return.)
NOTE THAT THERE IS MORE THAN ON SCREEN OF TUTORIALS. TO SEE ALL
SELECTIONS PLEASE USE THE PAGE DOWN OR CURSOR KEYS TO REACH THE
END.
These "tutorials" or "mini-seminars" are a discussion of the
rights and obligations that the law provides for each tutorial
area. LET US KNOW ABOUT OTHER AREAS OF INTEREST AND WE'LL PREPARE
SOMETHING ON THAT AREA IN THE FUTURE. You're the boss.
****************************************************************
THE PACKAGE WHICH YOU HAVE RECEIVED CONTAINS THE TUTORIALS
RELEASED TO THE DATA OF SHIPPING. ADDITIONAL TUTORIALS ARE
CREATED MONTHLY, AND OLD TUTORIALS REVISED AS LAWS CHANGE. BE
SURE TO CHECK FOR UPDATES. DO NOT RELY ON OUTDATED AND
POTENTIALLY (DISASTROUSLY) OUTDATED INFORMATION
****************************************************************
Section 2-13 SELECTING A TUTORIAL/MINI-SEMINAR
Once you have determined which tutorial you might want to
read or review, please highlight it by using the cursor keys (up
and down arrows). Then press <Return>. You will then be able to
see the text of a tutorial.
You can read through the tutorial by using the cursor keys,
page down, page up or the home or end keys. (Note that our clever
programming methods- Good job Warren-- make going from one end to
another virtually instantaneous.)
Section 2-14 TAKING NOTES
You may take notes as discussed in Section 2-9.
Section 2-15 READING FULL TEXT OF LAWS OR REGULATIONS DISCUSSED-
OPENING A SECOND WINDOW
Let's get back to the tutorial. If you would like to read and
review the full text of the laws discussed in a tutorial or mini-
seminar, you can review this simultaneously with the tutorial by
opening a second "window." To do so, press the letter
<S>
and you will be able to select to view the on line dictionary or
view a help screen for tutorials. In addition, may tutorials also
have further explanatory material.
To select which option you desire, use the cursor keys (up and
down arrow) to highlight the item you want to view. Then press
return. The selected item (the on line dictionary, help or other
materials) will then appear on the screen; to toggle back and
forth between the mini-seminar and the selected full annotated
text, press
<O>
You can still open a note pad if you have both the mini-seminar
and the full text selected. Many mini-seminars have more than one
full text selection. If you want to review a different full
annotated text from that originally selected, return to the
tutorial, and press
<S>
which will reopen the full annotated text menu. Select the new
full text by using the cursor (up and down arrow keys).
Section 2-16 DEFINITIONS OF LEGAL TERMS
If legal terms are used in the mini-seminar, they are also
defined in the on line legal dictionary. Simply press
<S>
and select this option for the on line legal phrase book- our
mini legal dictionary. Press
<O>
to toggle back and forth between the dictionary and the text. To
select help or full text, return to the tutorial text, press
<S>
and select the other full text.
Section 2-17 EXITING THE TUTORIAL
To stop reading, press Escape
(ESC)
to return to the tutorial menu,
<M>
to return to the main menu, or
<X>
to exit (quit) the program and to return to DOS. That was easy-
wasn't it!
Section 2-18 DRAFTING DOCUMENTS
THE DOCUMENT GENERATOR
We are very proud of our document generation program and hope
that you will be as well. Through the use of this part of the
program you will be able to draft custom legal papers that are
legal and binding in all 50 states. These forms will accomplish
their objectives of course, if you use a form that isn't right,
or doesn't completely accomplish your goal, you'll have a legal
and valid form that accomplishes something other than you
desired.
READ CAREFULLY
****************************************************************
IT IS ESSENTIAL TO HAVE AN ATTORNEY REVIEW DOCUMENTS THAT YOU
MIGHT PREPARE FROM TIME TO TIME; THE DOCUMENTS HEREIN ARE VALID
IN THAT IF THEY ARE PROPERLY PREPARED THEY WILL BE EFFECTIVE TO
CAUSE THE INTENDED RESULT. THIS MEANS HOWEVER, THAT A USE OF THE
FORMS FOR AN INAPPROPRIATE PURPOSE WILL RESULT IN AN
INAPPROPRIATE RESULT. WE IMPLORE YOU TO SEEK LEGAL COUNSEL IF THE
FAILURE OF A LEGAL FORM TO ACCOMPLISH THE INTENDED PURPOSE WILL
BE FINANCIAL LOSS. UNDER THE DISCLAIMERS OF WARRANTIES HEREIN,
DAMAGES MAY NOT BE RECOVERED FOR THE MONETARY LOSSES AND OTHER
DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES SHOULD A FORM NOT MEET
YOUR NEEDS. YOU'LL STILL SAVE TIME AND MONEY BY USING THE FORMS-
JUST HAVE THEM REVIEWED. IN ADDITION BE SURE TO GET THE LATEST
FORMS BY CHECKING IN FOR UPDATES.
****************************************************************
In order to begin using the forms generator, from the main menu,
please select option "D", prepare legal documents, by either
entering
<D>
and then <Return> or using the cursor keys (up and down arrows)
to select this option.
NOTE THAT THERE IS MORE THAN ONE SCREEN OF CHOICES, either scroll
to the end, or use "Page Down" (you may have to do this more than
once) to see all selections.
The document menu lists the many available choices. Use the up
and down arrows to highlight the document which you want to
select.
We very strongly suggest that you prepare the document at
least TWICE, or perhaps a few times more than that. It only takes
a brief period of time, and it is vital that the legal paper
reflect all information 100% correctly.
****************************************************************
LAWS CHANGE AND THIS MAY FORCE A CHANGE IN FORMS TO MAKE THEM
COMPLY WITH LEGAL REQUIREMENTS. PLEASE BE SURE TO CHECK FOR
UPDATES. WHAT YOU HAVE RECEIVED CONTAINS THE FORMS TO THE DATE OF
SHIPPING AND IS SUPPLEMENTED AND UPDATED REGULARLY.
****************************************************************
Once "inside" a document you will have the opportunity to
enter information, and "custom build" your form.
SECTION 2-19 BUILDING DOCUMENTS: SCREENS
You will then see two types of form building screens- a multiple
choice box and a fill in the blank box.
SECTION 2-20 FILL IN THE BLANK SCREENS
First the fill in the blank box:
Enter, exactly as you wish to see it, the information requested.
Be careful to put it in the format requested- if the fill in the
blank box asks for the information in numerals, use numerals. If
it asks for information in numbers, enter numbers. Once you have
finished filling in the blanks, then hit return. You can "edit" a
line prior to entering "return" by using the backspace key. If
you have made a horrible goof and want to start from scratch, use
the tab forward key to highlight the "cancel" choice on the
bottom of the dialog box, and press return. The document will
then be canceled. You will be returned to the document
preparation main menu.
On occasions the space which is provided for entry of data is too
small. In that case, simply enter in the fill in the blank box
"See exhibit 1 (etc.)" and use a separate sheet to continue.
SECTION 2-21 MULTIPLE CHOICE SCREENS
You will also see multiple choice boxes. Use the up arrow
and down arrow (cursor keys) to place the "bullet" in the choice
that you would like, and press <Return>.
SECTION 2-22 NUMERICAL AMOUNTS
When amounts of money need to be input, enter them in the
following form:
213.45 or 22000.00
commas and dollar signs are not required and should not be used.
SECTION 2-23 SUGGESTED INPUTS
Many screens contain suggested inputs. For example, the
"number of days between installments" on the installment
promissory note has several choices. The final choice "KEY IN
VALUE" allows you to put whichever choice you desire in the form
if the suggestions don't fit your needs. To enter your own value,
place the bullet in the key in value choice and then press ENTER.
Then type in your choice.
SECTION 2-22 FINISHING DOCUMENTS- NAMING DOCUMENTS
Once you've finished preparing a document, press
<S>
(for save) and then fill in the name of the document. Ms-dos
limits you to eight characters and an extension on a file, for
example- "guide.exe." We don't-- your document can be named
meaningfully using up to 72 characters, including blanks-- Thus,
a note from Joe to Fred for $ 1.00 done on 1/1/90 can be named:
Note from Joe to Fred- value $ 1.00 dated 1/1/90
Use a completely descriptive name so you will know exactly what
the document is.
SECTION 2-23 PRINTING DOCUMENTS
To print out a document, after completing your answers, and
seeing the document, press <P>, and a dialog box will ask you
use the cursor key to say "yes" or "no." Before saying yes be
sure that the printer is connected to the computer, turned on,
has ribbons and paper. (Or if it is a laser printer, that it has
toner and paper!) You may use a printer of your choice from
daisy wheel, a dot matrix to a laser.
IF YOU ARE USING A LASER PRINTER BE SURE TO CLEAR OUT ANY CODES
THAT YOU MIGHT HAVE SET FOR GRAPHICS OR LANDSCAPE PRINTING.
The specific forms and the information required to complete them
are discussed in section 3.
SECTION 2-24 REVIEWING DOCUMENTS
To print out a document which you previously saved, go to
the main menu and either use the cursor key or enter the letter
<E>
and then press <Return>. The documents, with titles that you
you have chosen will appear on screen. To see one, highlight that
document and press <Return.> To print, press
<P>
check that you are ready and then print away. To delete a
document, first select the document, and press enter so that you
are viewing that document. To delete hold down the
<Alt> key and while holding the ALT key down, press <D>
(for delete.) This will permanently erase a document, and
in most cases even an undelete program will not save you! Be sure
that you intend to do so before zapping a document to never-never
land!
SECTION 3
FORMS- INFORMATION REQUIRED
SECTION 3-1 FORMS IN GENERAL
In this section of the manual, we'll explain what information is
needed to prepare each form, and will outline for what purposes
the form is useful.
In the Home and Business Legal Guide and Forms Generator we
provide a large library of forms for your use. Before you draft
any form, please read and consider the directions on each form.
Our directions tell you what information that you'll need to
complete each form, what you should have read in the package
before beginning. Section 3-30 of this manual contains last
minute additions, so if the form you want to build is not listed,
look in this section for the directions.
SECTION 3-2 GENERAL FORMS
We begin with general forms. Again- we welcome your suggestions
for future forms! Let us know.
SECTION 3-3 ASSIGNMENT OF PROMISSORY NOTE
This form prepares both recourse and non-recourse assignment of
promissory notes. The following information is required:
The owner of the note; the makers of the note; the original
amount of the note; the interest rate; the present balance on the
note; the buyer of the note.
SECTION 3-4 BAILMENT (Agreement to lend or borrow personal
property; this is opposed to real estate (land))
This form is limited to NON PROFIT borrowings! If you are in the
rental business, a rental contract tailored to your business is
required. Sometimes in doing someone a favor and lending them
your lawnmower, or whatever, disagreements occur due to questions
like: when was the item due back? if it breaks, who pays for it?
In addition if you think that you are doing someone a favor by
lending them your hedge clippers watch out if the hedge clippers
break and hurt the borrower. In many cases courts permit
borrowers to sue for being lent something dangerous. This form
should limit this type of liability.
This form should stop these disagreements from happening in the
first place since it specifies the conditions for the bailment.
A few other formalities are included in this form. One of the
most important is an "indemnity" clause which provides that if
the property causes injury to another that they are responsible.
Information required:
Name of the owner; name of the property; description of the
property; length of the loan; purpose of the borrowing (use
this subclause to limit use of the item); whether the property
will be insured by the owner or borrower, or neither; if to be
insured by the borrower state limits of coverage
WARNING: If the owner has insurance and agrees to carry the
liability, this may void his own coverage. Check with your agent
about this.
SECTION 3-5 BANKRUPTCY PROOF OF CLAIM
Rats! Someone has filed bankruptcy. If there are going to be
assets in the bankruptcy- file a claim. Most people get so angry
when someone files bankruptcy that they throw away the file on
the debt. That means that the few people who do file claims often
get paid very well.
This program provides a chance to get your claim in and get your
payoff.
Information needed:
State the name of the debtor, the district, case number of the
bankruptcy; whether the claimant is a individual, partnership,
corporation; address of the claimant; the amount due on the debt
[be precise here] as principal; the amount of additional charges
(such as interest, attorneys fees) together with an explanation
of why the additional charges are due; and if a judgment was
entered on the debt, the amount of the same and the court where
the judgment for the debt was entered.
SECTION 3-6 BILL OF SALE FOR USED GOODS
This form is used to as a combination receipt and bill of sale.
It is intended solely for a deal in which a CONSUMER sells
something that they own to another person. This form was prepared
because small claims courts are populated with cases in which
someone who has bought a used boat motor, or whatever, sues the
seller claiming that the product failed to work, etc. However,
the law in most states is that there IS NO WARRANTY when a
person who is not a dealer in that type of goods sells them.
Information needed:
Name of the seller; name of the buyer; description of the goods
sold- here be sure to call it a "used" whatever;
The form provides the following choices as to the payment of the
sales price: cash, or part cash and assumption of liens. For
example, if there is a lien on a stereo you are selling, then the
sales price is for cash of whatever and the buyer agreeing to pay
the lien. In this case have the name of the lienholder and the
amount of the liens handy.
If you are financing a purchase of something don't use this form.
Instead, use the security agreement form.
SECTION 3-7 CONSIGNMENT SALES AGREEMENT
Selling on consignment is becoming more and more common these
days. Unfortunately, persons selling on consignment often don't
get clear written agreements, or overlook some very important
points. We are preparing a full tutorial and statutory text
regarding the hazards of consignment selling in general. For now:
unless the store has signs indicating that it is a consignment
shop, or your goods have a notice on them stating that they are
consigned, it is required that there be a formal consignment
agreement as well as a recorded lien (UCC-1 a/k/a A financing
statement).
This form also prepares an agreement for "sale or return" in
which the seller provides the goods to the buyer, and the buyer
either pays for them (there is neither a commission or a flat
fee per sale) or returns them.
This form points out a number of things to consider including who
is going to insure the goods. (Very important!!!)
Information required to complete the forms:
Names of the parties, description of the goods, whether the buyer
or seller will insure the goods while the consignment seller has
the goods (if they are uninsured, check buyer); whether the
consignment seller will be paid on commission or flat sum per
good sold; minimum sales price per unit; the number of days
between accountings; on a sale or return the number of days to
return; who will pay return freight for unsold goods.
SECTION 3-8 CORPORATE RESOLUTION TO OPEN BANK ACCOUNT
Banks require corporations to provide a "corporate resolution"
when bank accounts are opened. The form is taken from a public
domain form which many bank use. (Don't be surprised if a bank
requires or tries to require that you use their form. That way
they don't have to proof read.) The following information is
required:
Name of the corporation; secretary of the corporation; Name of
the bank; number of signatories on checks (that is whether one or
two or more signatures are required); names of the authorized
signatories.
SECTION 3-9 DESIGNATION OF GUARDIAN FOR MINOR CHILDREN
This form is used to give a "power of attorney" to a trusted
relative or friend to act as your child's "substitute parent" if
you are incapacitated. Note that it is not effective BEFORE any
incapacity. This power is drawn to give very broad power to the
appointed person including management of the child's custodial
property. In addition, if the children ever need a formal
guardian this form also states that the person mentioned is your
choice for the formal court appointed guardian.
Here is the information required:
Name of parent or parents (If there are two present custodial
parents each must sign)
Name of attorney and second choice
SECTION 3-10 GENERAL PARTNERSHIP- SHORT FORM, CAPITAL UNDER $
30,000
Due to numerous requests from our users, we have added a form
suitable for creating small, uncomplicated partnerships. We have
specified that the capital must be below $ 30,000.
The following information is required:
Name of the partnership; name of the partners; address of the
principal office of the partnership; amount of capital invested
by each partner and the total capital of the partnership; how
often partnership profits will be divided, and if draws for
living expenses will be made.
SECTION 3-11 GUARANTEE FORMS
A guarantee is an agreement by one party to pay the debt, or to
take care of the obligations of another party. This is frequently
used with corporations. Most corporations are very thinly
capitalized, and thus for obligations of any size, savvy
creditors demand that the owners guarantee the debt.
Under a law known as the Statute of Frauds, the promise to pay
the debt of another must be in WRITING TO be valid. DON'T FORGET
THIS!!
Therefore, we have a personal guarantee. This document actually
produces THREE different kinds of guarantees. The first is an
unconditional, blanket guarantee. This means that the guarantor
(person agreeing to make good another's obligations) agrees that
whatever debts and obligations are due from the primary debt, in
whatever amount will be their responsibility. This is the most
dangerous kind of guarantee to sign for the guarantor, but the
most favorable to the creditor.
The second is a guarantee agreement for a specific obligation. In
other words, in this agreement the guarantor is agreeing to pay
whatever comes out of one specific deal.
The third is a guarantee that covers all obligations, but, is
limited to a total specified sum. Thus, the guarantor agrees to
pay a certain sum, if the balance is that or lower and the
primary debtor doesn't pay.
The following information is needed to complete the form; of
course, you must choose which one of the guarantees represents
your agreement.
The name of the party borrowing, guaranteeing and lending
The amount, or debt guaranteed (unless unconditional guarantee)
SECTION 3-12 HUNTING/FISHING/SPORTSMAN'S LICENSE
This form is the result of yet another suggestion from our users!
Thank you. Hunting and fishing often takes place on another's
land. This form provides for the use of land for sporting
purposes. It prepares exclusive, non-exclusive, paid and unpaid
licenses.
The following information is required:
Names of hunters and owners; fee (if any); type of
hunting/fishing permitted; description of property; dates for the
license.
Options are also provided to release the property owner from
liability.
SECTION 3-13 INDEPENDENT CONTRACTORS AGREEMENT
An independent contractor is a non-employee who does work for
another. No withholding is required, and employee benefits (like
worker's compensation) are also not required. However, the IRS
takes a very dim view of independent contracting being used to
replace employees. So dim that they very carefully audit these
agreements. An independent contractor is truly independent! The
employer cannot control the work times, work methods or means
used by the independent contractor.
The following information is required:
Name of employer, employee, description of jobs to be done, rate
of payment, date of beginning and ending the agreement.
SECTION 3-14 INSURANCE CLAIM-Automobile
A question often heard is if my insurance company won't agree to
a value that I lost when my car was wrecked/stolen, what do I do?
One solution is to submit a proof of loss. Under almost all
insurance policies if you submit a proof of loss, you then place
the burden on the insurance company to either pay the proof of
loss or reject it. If they reject the proof of loss, you are then
entitled to sue or to arbitrate the disputed amount. Sending in a
proof shows that you are serious about being paid and might
result in a better settlement.
Information required:
The name of the insured, the named of the insurance company, the
policy number, the date that the CURRENT policy commenced; the
current expiration date of the policy; the model, make, type and
vehicle identification number of the vehicle; state of
registration and Tag number; reason for the claim (a collision,
theft, fire); date of the loss; time of loss; explanation of loss
(this should be very brief- for example other vehicle ran red
light); if there are liens on the vehicle; if there is other
insurance, enter so (ordinarily there is only one policy); if you
are aware of any reason why the loss might not be covered enter
this information (ordinarily no reason exists)
SECTION 3-15 INSURANCE SUBROGATION AGREEMENT
Another user request leads to the addition of a new form!
In many states, if an insurer pays a claim it is entitled to
subrogation (that is the right to go after any liable party) from
any third party who is responsible. This form prepares the
standard form used by many insurers.
The following information is required:
The name of the insurance company; name of the insured; nature of
the loss (fire, theft, etc.); the type of coverage claim was paid
under, such as automobile, homeowners, etc.; the amount of the
claim; the amount of the insured's deductible; and finally the
insured must either agree that the insurer will try to collect
the deductible or that they will retain it themselves.
SECTION 3-16 LOTTO POOL
Many offices, clubs or friends get together to buy lottery
tickets. However, the potential exists whenever a big prize is
won for the parties involved in a pool (together with those who
"remember" suddenly that they threw in a dollar to the pot or for
the person holding the ticket to "forget" all those who added
their money in the pot.
This form deliberately requires a new form to be created each
month, because an old form with people's name who have dropped
out is not a good thing to have lying around!
The following data is required:
the names of the pool participants; the state's name; the game(s)
to be played; the name of the Lottery Pool Manager; the amount
per member to be played per game.
SECTION 3-17 MUTUAL RELEASE OF ALL CLAIMS
At the end of some sort of legal disagreement, involving both
parties claiming from one another (claim and counterclaim) which
the parties have settled, a release needs to be exchanged. A
release is an agreement that brings to a conclusion a dispute
between parties. In its purest form a mutual release says that
the parties to a dispute have settled it and neither will sue the
other for anything which occurred prior to the date of the
release. A release can also be used when the parties have settled
a case for instance, on the basis that one is to pay the other a
certain amount of money, and there are to be no other obligations
remaining. Please note that we also have a unilateral release
form. Use the unilateral release when one party has claimed
against another and the dispute is settled.
Information needed:
Names of the parties to the agreement; if any other obligations
are to remain, their description; date and place of execution of
the agreements
SECTION 3-18 NON MARRIAGE AGREEMENTS
You are going to live together with someone. It's smart to have
a formal agreement defining the property rights of the parties.
But, YOU ARE BEING WARNED HERE (!!!) this area of law is very
unsettled and this agreement may not be enforced by a court
or may only be enforced in a limited way. EXTREME TRUTHFULNESS
IS REQUIRED. If you check off that each party has fully disclosed
their assets and liabilities, and you haven't all bets are off.
We suggest that you read the "Uniform Premarital Agreement"
statute, since in many cases court will treat long term arrangements
where the parties are not living together as marriages.
WARNING: All is off if you get married. You need a new agreement
then.
Good luck!
Information needed:
Are the parties already living together (if so agreement states
that it is retroactive)
Have they made a full disclosure of assets?
Has each party had an opportunity to seek counsel?
Will parties keep separate checking accounts?
Do parties waive "palimony." (This may be unenforceable, but if
this is your agreement try it.)
Is it possible that the parties MAY acquire property together??
Do you desire to set percent of living expenses each party
will contribute? (This can be unequal. We also put in the agreement
that if one of you stops contributing, let's say due to a layoff
at work, that the money cannot be adjusted or equalized out later
if it goes over $ 1,000 unless there is another agreement)
SECTION 3-20 PERMISSION FOR CHILD TO GO ON TRIP
If a child goes on a club or school trip, then there are several
important concerns. Although we hope it never happens, if the
child is hurt, then there is a possibility that medical care may
be required, and hospitals/doctors want parental permission
before treating a child. Therefore, this form gives two
designated adult chaperons the authority to give consent for any
needed treatment. In addition, the forms relieves the sponsors
from liability for accidents, provided that they act in good
faith.
Information needed: Parent, child's, chaperons names, purpose of
trip, sponsoring organization's name, start/end of trip
SECTION 3-21 PREMARITAL AGREEMENT
A premarital agreement is a contract to fix the rights of
parties to property prior to marriage. Rather than being the
exclusive domain of Donald and Ivanna, many persons entering
into a second (or higher) marriage, want to fix each other's
inheritance rights. That is, if you already have children you
want to be sure that each family's children inherit from their
parent.
Please see the tutorial regarding the Uniform Premarital
Agreement Act before beginning to prepare this form. It contains
important caveats that you should be aware of regarding them.
EXTREME TRUTHFULNESS IS NECESSARY AND REQUIRED.
If you put untruths in such an agreement, all bets are off. The
following choices are provided:
Right to share in each other's estate
Right to alimony
Increase in property
Adequate separate resources to support oneself
In addition you will be asked if the parties have each had a
chance to seek independent counsel.
SECTION 3-22 PURCHASE ORDER
A purchase order is a formal offer to buy goods. These forms are
very common in business. This form can generate a variety of
different types of purchase orders, in particular, those for
standard and custom goods.
The following information is required:
Date of purchase order; name of the buyer [party issuing the
purchase order]; name of seller and seller's address; item
purchased; quantity; price per unit; tax if any; total value of
purchase order; date for shipping [this can be stated as either a
specific date, or as a general date, for example, as soon as
possible]; shipping method [you may state "best method"];
the purchase order can require a firm date for shipping, and
provide for cancellation if not shipped;
the purchase order can either use standard specifications or can
allow you to enter your own specifications, if specifications are
stated:
number of days allowed for inspection of goods and number of days
for the seller to correct non-conformitites;
the purchase order can either provide for cash or terms of
payment;
if the seller is to set up the goods, the number of days allowed
for setup;
if the seller is to maintain the goods sold, the number of months
of maintenance;
if seller is required to train in use of goods, the number of
hours of training.
SECTION 3-23 REVOCATION OF ACCEPTANCE
The Uniform Commercial Code provides that when you pick up or
take delivery of goods, you have "accepted" them. However, that
acceptance is not final. In fact, you can "revoke" acceptance if
the goods fail within circumstances that the law would recognize
as a breach of the sales contract. The following information is
required:
Names of the parties, date of delivery, description of the goods,
reason that the goods were defective, whether or not a demand for
adequate assurance was made, and if so, the date, and if a lien
is asserted on the revoked goods.
SECTION 3-24 RIGHT OF RESCISSION
Under several circumstances, including door to door sales, there
is a cooling off period to allow a buyer to cancel his order.
This form prepares a rescission (cancellation) of the deal.
Under most laws providing for rescission rights, the notice that
the deal is canceled must be sent via certified mail or telegram.
Here is the information needed:
Name of buyer, seller, date of sale, what was sold, if the
merchandise is received, an agreement to return merchandise if
any was received, and the date, time and means used to send the
notice
SECTION 3-25 SECURITY AGREEMENT
This form is called many different things by different folks.
Some refer to it as a "conditional sale" in which the condition
is you get to keep the property if you pay a debt that you agreed
to pay to acquire the property. Sometimes it is called a "Chattel
Mortgage"; in some cases it is known as "Lease." All of these
instruments are really security agreements. In simple words a
security agreement is a LIEN on property.
LIMITATIONS: Security agreements are used for tangible assets,
contract rights and intangibles. They are NOT appropriate for
securities, cash or real estate. With securities a pledge and
physical possession of the securities is appropriate. With cash,
physical possession is required and with real estate mortgages
are required (trust deeds in some states.) SPECIAL WARNING:
Unless you have physical possession of the collateral certain
filings are required to perfect the lien. If you don't file, your
lien will be invalid against other creditors.
This selection on the menu prepares three different types of
security agreements. The first is a standard security agreement
in which a party puts up his property for a loan or for a
purchase. In this form, the debtor agrees to make good any
deficiency (that is if the property is repossessed and does not
bring enough in to pay off the debt, they're on the hook for the
difference.) There are some further variations: whether the
security is provided for a single debt or for all debts (this
latter set is called a cross collateralization clause.)
In addition, this selection on the menu can produce a
hypothecation. (See on line dictionary for explanation).
The following information is required:
names of each party; a specific explanation of the property
secured, either general or specific-- thus you can have a lien on
a specific fork-lift, or on the accounts receivable of a
business;
if the security agreement secures a specific debt, the date of
the debt and the original principal amount;
if the security agreement is a hypothecation, then the person for
whom the debt is secured must be identified, together with that
debt-- the date of the debt and the original amount;
in all security agreements-- are there other liens on the
property? (first lien vs. junior lien) and if so, the amount of
the liens and the identify of the creditor;
will this security agreement secure all other debts between the
parties?
SECTION 3-26 STATEMENT OF ACCOUNT REQUEST
Under the Uniform Commercial Code, a person who owes money under
a secured loan may request a statement of the account including a
list of the collateral held for the debt. The following
information is required:
Name of the Secured Party; address of Secured Party; name of
officer or department answering request; the name and address of
the Debtor; date for which a statement is requested.
SECTION 3-27 TRANSFER AND RECEIPT UNIFORM GIFT TO MINOR'S ACT
The Uniform Transfer to Minor's Act has replaced the Uniform
Gifts to Minors Act, and governs the giving of assets to a minor
without resorting to (very expensive and cumbersome)
guardianships. This form is used for the transfer of assets to a
custodian to hold for the minor.
The following information is required:
The name of the person making the gift, the minor's name and the
custodian's name; the city and state of execution of the transfer
form, the city and state where the minor resides; the description
of the gift.
The Act permits the custodian to receive compensation for acting
as the custodian for the minor. In most cases, a parent or very
close relative will be the custodian, and accordingly, would not
expect compensation. The Act thus provides for the custodian to
waive compensation and we include a choice for such waiver in
this form.
SECTION 3-28 UNILATERAL RELEASE OF ALL CLAIMS
See the discussion in section 3-17. Same information required.
SECTION 3-29 PROMISSORY NOTE
A promissory note is an UNCONDITIONAL promise to pay money. Keep
the key word unconditional in mind when executing one. In
addition, most promissory notes provide for negotiability. (The
note which we provide is negotiable.)
This form will prepare unsecured notes, either as a demand note,
installment note or date certain note. In addition guarantors can
also be added.
The following information is required:
names of borrowers and lenders, principal amount borrowed, the
full address of the place where payments are due, the rate of
interest on the note EXPRESSED as simple interest. The note may
either be due on demand (demand notes by convention are due in
one year), in installments, or all in one lump sum on a date
certain. If the note is guaranteed by third parties, please
indicate so.
IMPORTANT NOTE: Promissory notes are signed by the borrower- the
lenders signature is unnecessary (and bad form) except on the
back of it as an endorsement if the note is negotiated to others.
SECTION 3-30 LAST MINUTE ADDITIONS
The Home and Business Legal Guide and Forms Generator is updated
every month. We are always adding new forms, changing others as
the law changes. This section contains the information required
for the new forms.
STOP PAYMENT ORDER ON A CHECK
Thanks to another request from a user, we have added a form that
can be used to request stop payment on checks. The following
information is required:
Name and address of bank, account number, amount, number and date
of check.
BULK SALES FORMS
Yet another user request (thanks guys and gals)! A bulk sale
requires many different forms, and we provide a contract for a
bulk sale, a notice of the sale and listing of creditors form.
The following information is required for the contract
The name of the seller and tbe buyer; a description of the goods;
the purchase price and amount of deposit, if any; date for the
payment of the deposit; date for payment of the balance of the
purchase price; date and place for delivery of goods; the number
of days before closing for notice to be mailed; whether or not
there are liens to be assumed; who will assume the risk of loss;
and whether or not there were brokers involved.
The following information is required for the notice:
The names of the sellers and buyers; addresses of both parties;
if the seller had a different place of business or used a
different names, this data; the description of the goods to be
sold; if the debts will not be paid, the following information is
required:
the total estimated debt of the SELLER
the street address where list of creditors is located
whether the transfer is made to pay exisiting debts; whether the
transfer is made for new consideration; which creditors will be
paid (if known) and where claims are to be sent.
POWER OF ATTORNEY FORMS
SECTION 3-31: SIMPLE POWER OF ATTORNEY
This form prepares multiple types of powers of attorney,
including those for banking, real estate deeds,
obtaining/reviewing educational records, IRS authority and other
authority that you describe.
The form allows you to prepare any variation of the above,
that is, you can prepare a power of attorney with some or all of
the powers described.
A power of attorney can be revoked at any time. This form
prepares a standard power of attorney. Under the law this type of
power is automatically revoked by the incapacity of the
principal. A "durable power of attorney" continues in effect even
when the principal is disabled; or can come into effect only if
the principal becomes disabled. A durable power will be added to
this program in the near future.
In adding powers that you write yourself be very careful to
severely limit the language. In particular put an amount limit.
Information required:
Name, city/state of residence of the principal; name, city/state
of residence of the attorney;
The following powers are provided: banking (name of bank, city
and state where the bank is located); real estate (description of
the property); educational records power (name of school,
college, and city/state where the college is located)
For all powers the beginning and ending date of the power.
SECTION 3-32 DURABLE POWER OF ATTORNEY
A durable power of attorney is one which continues in effect
despite the incompetency of the principal. The following
information is required:
The name of the principal (person giving power) and attorney
together with the addresses of each; Whether each of the powers
will be provided:
banking; deed or real estate conveyance; obtaining or reviewing
educational records; IRS authority; a catch all for other powers
is provided
the beginning and ending date of the power of attorney.
SECTION 3-33 REVOCATION OF POWER OF ATTORNEY
This form is used to revoke a power of attorney, either
temporarily or permanently. The following information is
required:
the name of the principal and the attorney whether the power of
attorney is revoked permanently or temporarily; the effective
date of the revocation.
REAL ESTATE FORMS
SECTION 3-34 OFFER TO PURCHASE REAL ESTATE
This is a very complicated form. Anyone who has been in the real
estate business for any period of time will recommend that all
parties in real estate deals, whatever size, have legal counsel.
So do we.
The real estate offer form is used by a buyer (and real estate
agent) to make an offer to an owner. Here we go with the needed
information:
Seller's name, address; gross purchase price; legal description
of the property; expiration date of the offer.
Will the purchase price be paid: in cash, with terms;
If mortgages are to be assumed: the amounts and mortgage holders;
If the seller is to grant a new mortgage as part of the purchase
price: the principal amount, rate of interest and payment terms;
If the buyer will need to obtain a new mortgage, the amounts, the
term of the mortgage in months, the maximum allowable rate of
interest on the new mortgage, the maximum number of points to be
paid by the buyer, the maximum application fee to be paid by the
buyer;
If there are buildings on the property;
The number of days between acceptance and closing (minimum and
maximum), number of days to provide title insurance by the owner;
Closing costs to be paid by each party;
if the parties used a realtor, the name of the realtor.
This form conforms to practice in most of the east coast of the
United States. The form does not provide for opening of an escrow
(a form for this is provided in the registered copy).
SECTION 3-35 REAL ESTATE BROKERAGE EXCLUSIVE LISTING
This form is for the EXCLUSIVE listing of real estate with a
brokerage.
Information required:
The name of the owner of the property; the broker; the legal
description of the property; the number of days of the listing;
the minimum sales price; the financing that the owner will
provide; the amount of the commission; the right of the broker to
place a sign on the property
SECTION 3-36 COMMERCIAL PROPERTY LEASE
This form is used for a lease of a space in an office building.
The general options are for a month to month lease or for a fixed
term lease. Why don't we have a rent escalation clause in the
month to month lease? As far as the month to month goes, it is
irrelevant. Since the lease can be canceled on 30 days notice if
you need an increase in the rent, just let the tenant know.
Here we go with the needed data:
Name of the landlord
Street address of the landlord
Name of the tenant
Street address of leased premises
Approximate square footage of the premises rented
Beginning and ending date of the lease
Who has responsibility for upkeep of the premises (generally the
landlord will have responsibility for the structural part of the
building in any event like the roof and walls- the choice here
relates to the interior stuff)
SECTION 3-37 DEEDS:
****************************************************************
YOUR ATTENTION PLEASE
Some states do not have deed forms
the omissions are intentional;
Deed forms are only provided if the proper form
is provided or set by state law
In other states, the acceptable form requires legal
advice.
****************************************************************
Deeds will require an accurate legal description of the property,
and the names and addresses of the parties. BE SURE TO READ THE
VERY BRIEF REAL ESTATE CLOSINGS TUTORIAL FIRST. IN ADDITION THE
ON LINE DICTIONARY HAS SHORT DEFINITIONS FOR THE TYPES OF DEEDS.
THE TUTORIAL MENU ALSO HAS A TUTORIAL ON TYPES OF DEEDS.
3-38 LIVING WILL FORMS:
Before preparing these forms, be sure to review that state's Living
Will Summary from the tutorials menu. If the state isn't listed
then review the "generic tutorial." NOTE: The failure to list a state
means that it does not as yet have a living will law, and does not
indicate an omission.
SECTION 4
CUSTOMER SATISFACTION
Section 4-1: REGISTRATION
The copy of the program which you have is an evaluation copy. For
information on the shareware concept, please review the "read.me"
file. All functions in the evaluation version operate exactly as
in the registered version- this is not crippleware. NOTE: THE OPENING
SCREEN ENCOURAGING REGISTRATION IS OMITTED IN THE REGISTERED VERSION
AS WELL AS THE REGISTRATION INFORMATION PRESENTED ON SCREEN.
Registration is $ 49 for one year and $ 15 for each additional
year. Registered users receive:
data and manual information up to date (and no opening registration
encouragement screen)
support- connect time of 2 hours daily; our BBS features USA
Today, Infomat Magazine and Boardwatch Magazine Online as well as
"doors" and legal issues discussion bases! As a registered user
you have free run of the board every day. We are currently
operating a CompuCom 9600 baud modem; in the near future we will
have V32, V42 9600 baud capability.
limited to two hours in first month, and one hour for the
remainder of the year)
76177,1421) or through EXEC-PC, by sending a message to Herb
Kraft
without modems)
AT NO CHARGE (Not even postage)
Registration gets access to support and updates.
NOTE: THE LAW IS ALWAYS CHANGING. If you don't have the registered
package you are not sure that the data/forms you have is correct
and up to date.
ABOUT DISK VENDORS: If you got this disk through a commercial
disk vendor, remember that the fee is for their service which
usually includes rating the software, preparing a catalog and
actual duplication. "Buying" this from a disk vendor is SEPARATE
FROM REGISTRATION. We recommend that you use ASP member shareware
distributors.
Section 4-2 Philosophy
Each one of our users is our "boss." Your satisfaction is our
only concern. Despite our release of this software as "shareware"
you will find that we do this for a living and are just like any
other commercial software house, although we like to think that
our product is the best legal forms generator and we KNOW that it
is the first to provide full text and tutorials in the quantity
and quality we have. We have several commercial products in
distribution. Ie.- this is not a hobby and we are not coding in
our garage. Thus you will find that we have VERY knowledgeable
support people available at all times. In fact, it is usually one
of the chief developers that is manning the support desk.
In addition, please feel free to suggest topics for tutorials,
the text of laws that you would like to see annotated and new
forms that you need. We'll bust our butts to do it quickly.
If there is anything we can do to help please reach us via phone,
BBS, mail or fax:
1-407-331-7288 (voice-phone)
1-407-331-7752 (BBS, 9600 baud and below, N,8,1)
1-407-699-8419 (fax)
Compuserve: 76177,1421 (Herb Kraft)
Genie: H.KRAFT1
Mail: P.O. Box 37155, Tallahassee, Florida 32301
and we'll leave you a message or write back.
PLEASE NOTE: Our technical staff will help you with questions
about how to use the program. They will not and cannot answer
legal questions. UNDER THE LAW ONLY ATTORNEYS CAN GIVE LEGAL
ADVICE, and we cannot give out specific legal help. To find an
attorney, call your local bar association and find out if they
have a bar referral service.
SECTION 4-3 SUPPORT PRIOR TO REGISTRATION
We are pleased to provide support prior to registration. Please
contact us through
If you are not a registered user we will gladly try and help you
with any questions. However, we do reserve the right to limit
preregistration support to a reasonable amount of time. have
Section 4-3 WE ARE MEMBERS OF THE ASSOCIATION OF SHAREWARE
PROFESSIONALS
The developers of this program are members of the Association of
Shareware Professionals. This is a standards making and shareware
encouragement organization that we enthusiastically support. This
program is produced by a member of the Association of Shareware
Professionals (ASP). ASP wants to make sure that the shareware
principle works for you. If you are unable to resolve a
shareware-related problem with an ASP member by contacting the
member directly, ASP may be able to help. The ASP Ombudsman can
help you resolve a dispute or problem with an ASP member, but
does not provide technical support for members' products. Please
write to the ASP Ombudsman at 545 Grover Road, Muskegon, Michigan
49442, USA or send a Compuserve message via easyplex to ASP
Ombudsman
70007,3536.
Section 4-4 UPDATES- PRIVATE BULLETIN BOARD SERVICE
The product which you have received is constantly being
expanded by adding new forms, tutorials and statutes. In
addition, laws change on a regular basis. We follow legislative
changes and updates. It is always true that a law book is
obsolete as soon as it is released. And this computer program is
no exception. The present shipping version is only 25% of the
data that you will receive! We have several MEGABYTES more to go!
YOUR REGISTRATION FEE INCLUDES ONE YEAR WORTH OF UPDATES- WHETHER
TO THE "EXECUTABLE" PROGRAM OR DATA. BEFORE THE END OF YOUR
YEAR'S SERVICE, WE'LL CONTACT YOU TO SEE IF YOU WANT MORE
UPDATES! (THE CHARGE FOR MORE UPDATES IS JUST $ 15.00 FOR
ADDITIONAL YEARS!)
Therefore, we have a private bulletin board service. For
those of you who have modems, we assume that you are already
familiar with bulletin boards and the wonderful interchanges of
messages, data and programs that take place in user group,
commercial and government bulletin boards. Once you register we
will provide you with the BBS number and information on use. By
calling the bulletin board monthly you'll be able to get updates
both to information and to the executable programs. Updates are
posted once a month on the last Sunday of the month. For those of
you without modems and communications software-- boo hiss. You're
not taking advantage of the full potential of your computer
without communications capability! However, for any of you
without them, we will mail the updates at half-yearly intervals.
We cannot recommend too highly that you get communications
capability! Besides your local computer store, a great place to
buy modems and software to run them is Computer Shopper, which
you can buy at virtually every grocery store or newsstand in the
United States. We have no financial interest in any
communications software house, but, the developers of this
program use Telix (Shareware). A few other tips-- try to get at
least 2400 byte transmission speed, and Hayes compatibility (or
Hayes product itself) are the standard in the industry. If you do
decide to hook up with the world, by all means buy an issue of
Computer Shopper and look through the bulletin board section for
information on bulletin boards near you.
SECTION 4-5 CUSTOM PREPARED FORMS
If you look at our forms library and don't find a form that
precisely fits your needs, we offer a custom form preparation
service for our registered users. For an additional fee ranging
from $ 25.00 (minimum) to $ 100.00 (maximum) per form we will
provide you EXCLUSIVELY with a custom prepared program to
generate the form that you need.
This service includes:
a) telephone interview with Herb Kraft, the attorney who prepared
the legal portion of this program;
b) legal research as needed;
c) preparation of an exclusive custom form that precisely fits your
needs;
d) support for the new form.
To be sure that there are no misunderstandings:
1. Users are NOT charged if they suggest a general type of form
to be added to the program, and we welcome such suggestions;
2. Registered users requiring a form specifically for their
business needs which is exclusive to them and custom prepared,
may obtain a firm price quote by calling customer support. The
fee for a custom form is in addition to the registration fee.
SECTION 5
THE RADIO LAW FIRM (tm)
Herb Kraft, the co-developer of the program is an attorney
and the host of the Radio Law Firm, a weekly legal advice
program, which is independently syndicated. For more information
about stations and time, see the "read.me" file.
SECTION 6
WHO WE ARE
The staff that prepared this program consist of:
Herbert Kraft (Herb), Attorney at law admitted to practice in
Florida; Developer and author of legal material, comments and
documents, Chief Developer (It's all my fault-- honest)
David Byron, Co-Developer;
Warren Clary, P.E., Software engineer and co-developer, Warren is
the author of the computer program itself (and did a tremendous
job!)
Wyatt Cox; who assists with research and support.
SECTION 7
LEGALESE
Section 7-1 LIMITATION OF WARRANTY
***EXCEPT FOR THE CUSTOMER SERVICE POLICY THERE ARE NO
WARRANTIES EXPRESS OR IMPLIED, AND THE SELLERS AND MANUFACTURER
SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES. THE SOLE REMEDY
SHALL BE LIMITED TO THE REFUND OF PURCHASE PRICE. THE FORMS
HEREIN ARE NOT INTENDED TO BE USED UNLESS THE SAME ARE REVIEWED
BY AN ADVISOR OR ATTORNEY, AND THE SELLERS AND MANUFACTURERS OF
THIS PROGRAM SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE
FAILURE OF A FORM TO ACCOMPLISH THE GOALS OF THE USER.***
TRADEMARKS
IBM PC, PS/2, AT, XT, and PC-DOS are trademarks of IBM. MS-
DOS and OS/2 are a trademark of Microsoft. DR-DOS is a trademark
of Digital Research. R FRINGE is a trademark of R FRINGE
SOFTWARE, INC., THE HOME AND BUSINESS LEGAL GUIDE AND FORMS
GENERATOR is a trademark of EFP LEGAL MARKERTING, INC., d/b/a R
FRINGE COMPUTER SOFTWARE.
ACKNOWLEDGEMENTS
"Mouse.com" is copyright 1983,1984 by Microsoft, and is used
under license. PKLITE is used under license from PKWARE, Inc.
LHARC is Copyright 1990, Yoshi, and is used with permission.
SECTION 7-2
DISTRIBUTION OF THE PROGRAM
This program is provided in different versions. The version which
you are now using is the evaluation version, one that consists of
EVERYTHING to date in this program through June, 1991. Remember
our warning that it is vital to keep up to date with the legal
systems' changes.
You may register by phone, by calling the Public Software Library
(PSL) 1-800-2424-PSL for orders only (questions or information related
to orders through PSL, call 1-713-665-7017) MC/VISA accepted
You can also register via fax: 407-699-8419
mail:
R FRINGE SOFTWARE
P.O. Box 37155
Tallahassee, Florida 32315
The forms generator includes a form for registration.
The registration fee is $ 49. The registration fee entitles you
to:
1. The latest version of the program
2. Printed manual
3. Support via phone, electronic services and our private BBS
4. Updates-- Every month an update is prepared and posted on the
BBS. If you can not call our BBS you will be mailed the updates
with upgrades
5. Upgrades are FREE for one year; you receive continuing
upgrades and updates for $ 15 per additional year
6. A membership in our private BBS system. The BBS features:
USA Today DECISIONLINE Info-Mat Magazine
Online Digital Music Review BOARDWATCH Magazine Online
Dish-Cetera Magazine Jeffrey Lant's BUSINESS SENSE
Lots of different door programs and games. The BBS operates
continuosly at 19200 baud (CompuCom Protocol) and
9600/4800/2400/1200, V32/V42, MNP5; N,8,1 (standard BBS
settings),
Please note that the BBS is open to all; however, the "public
access" does not include any of the on line services or support.
These services are reserved for our registered users.
SECTION 7-3 ABOUT SHAREWARE
(The following is courtesy of Paul Mayer, although we have added
some comments; we don't claim copyright to Mr. Mayer's writings)
Shareware distribution gives users a chance to try software
before buying it. If you try a Shareware program and continue
using it, you are expected to register. (Our policy is listed
above) Individual programs differ on details-- some request
registration while others require it, some specify a maximum
trial period. With registration, you get anything from the simple
right to continue using the software to an updated program with
printed manual.
Copyright laws apply to both Shareware and commercial software,
and the copyright holder retains all rights, with a few specific
exceptions as stated below. Shareware authors are accomplished
programmers, just like commercial authors, and the programs are
of comparable quality. (In both cases, there are good programs
and bad ones!) The main difference is in the method of
distribution. The author specifically grants the right to copy
and distribute the software. either to all and sundry or to a
specific group. For example, some authors require written
permission before a commercial disk vendor may copy their
Shareware. (Our policy allows persons or user groups to freely
distribute the shareware version of the program. Commercial disk
vendors must contact us first.)
Shareware is a distribution method, not a type of software. You
should find software that suits your needs and pocketbook,
whether it's commercial or Shareware. The Shareware systems makes
fitting your needs easier, because you can try before you buy.
And because the overhead is low, prices are low also. Shareware
has the ultimate money-back guarantee-- if you don't use the
product, you don't pay for it.
DISCLAIMER- AGREEMENT
Please see our warranty disclaimer in the manual.
The Home and Business Legal Guide and Forms Generator is a
"shareware program" and is provided at no charge to the user for
evaluation. Feel free to share it with your friends, but you may
not give it away altered as or as a part of another system. The
essence of "user-supported" software is to provide personal
computer users with quality software without high prices, and yet
to provide incentives for programmers to continue to develop new
products. If you find this program useful and find that you are
using this program and continue to use it after a reasonable
trial period, you must make a registration fee payment of $ 49 to
R FRINGE COMPUTER SOFTWARE. The $ 39 registration fee will
license one copy for use on any one computer at one time.
Anyone distributing this program for any kind of remuneration
must first contact R FRINGE at the address below for
authorization.
You are encourage to pass a copy of this program or to upload it
to your favorite BBS for evaluation. Please encourage them to
register their copy if they find that they can use it. All
registered users will receive the benefits stated above.
PLEASE FEEL FREE TO SHARE THIS DISK OR TO UPLOAD THESE
FILES. IN EITHER CASE YOU MUST SHARE ALL OF THE FILES
Please note that we also have a condensed version of our package
that is about 270kb- this version is made smaller so that it can
be uploaded in a reasonable amount of time to BBS systems. If you
would like to upload this package, we suggest that you use the
smaller version. For a copy of this, drop us a line and we'll
send you one.
SECTION 8
INDEX
The index refers to section numbers, not page numbers.
Section Topic
1-1 System Requirements
2-1 Reference to Quickstart manual
2-2 Detailed operating instructions begin
2-3 Start up and mainmenu- keyboard users
2-4 Start up- mouse users
2-5 Selecting menu options
2-6 DOS SHELL
2-7 STATUTES MENU
2-8 Browsing through statutes
2-9 Note pad (on line)
2-10 On line definitions
2-11 Exiting statutes
2-12 TUTORIALS MENU
2-13 Selecting a tutorial
2-14 Taking notes (cross references to 2-9)
2-15 Opening a second menu
2-16 On line definitions
2-17 Exiting tutorials
2-18 DRAFTING DOCUMENTS (USING THE DOCUMENT GENERATOR)
2-19 Building documents, types of screens
2-20 Fill in the blank screens
2-21 Multiple choice screens
2-22 Finishing documents- naming documents
2-23 Printing documents
2-24 REVIEWING DOCUMENTS
3-1 INFORMATION REQUIRED TO CREATE DOCUMENTS
3-2 General Forms
3-3 Assignment of promissory note
3-4 Bailment
3-5 Bankruptcy proof of claim
3-6 Bill of sale
3-7 Consignment sales agreement
3-8 Corporate resolution to open bank account
3-9 Designation of guardian for minor children
3-10 General Partnership Agreement (Simple, under $ 30,000)
3-11 Guarantee agreements
3-12 Hunting/Fishing/Sportsman's License
3-13 Independent Contractor's Agreement
3-14 Insurance Claim Forms
3-15 Insurance Subrogation Agreement
3-16 Lottery pool
3-17 Mutual release
3-18 Non-marriage, "living together agreement"
3-19 Non-profit organization charter
3-20 Permission for child to go on group trip
3-21 Premarital agreement
3-22 Purchase order
3-23 Revocation of acceptance
3-24 Right of Rescission Notice
3-25 Security Agreement
3-26 Statement of account request, secured loan
3-27 Transfer under Uniform Transfers to Minor's Act
3-28 Unilateral release
3-29 Unsecured Note
3-30 Last minute additions
3-31 Power of attorney, general form
3-32 Power of attorney, durable form
3-33 Revocation of power of attorney
3-34 Offer to purchase real estate
3-35 Real estate brokerage listing
3-36 Commercial Property Lease
3-37 Deed forms
3-38 Living Will Forms
4-1 CUSTOMER SATISFACTION- Shareware registration
4-2 Company philosophy on service
4-3 We are members of the Association of Shareware
Professionals- What this means to you
4-4 Updates, private BBS
4-5 Custom form preparation
5-1 About the Radio Law Firm
6-1 About our staff
7-1 Warranty disclaimer and legalese
7-2 DISTRIBUTION OF THE PROGRAM and LIMITATIONS
7-3 About shareware
8-1 Index
