opinion

Avoid Conflicts - Contract Elements with Chad Belville



CONFLICT RESOLUTION

One of the keys to avoiding conflict, especially with contractual partners, is to plan ahead - and make certain the foundation of what we build together is as stable, comprehensive and complete as possible. Like so many scenarios I’ve discussed in this blog, we’ve heard variations of all of this before and most is just good common sense, but we can never hear these things enough and we still sometimes resist putting them into practice. I recently had the opportunity to speak with my friend Chad Belville who shared quite a bit of information on creating and surviving a contractual relationship!

Chad’s job is to keep people OUT of trouble and that’s his focus. Visit his site at: ChadKnowsLaw. He is Senior Counsel to Kink.com and practices in the areas of Adult Entertainment Law, Internet Law, 2257 Compliance, and Contract Law.

ELEMENTS OF A CONTRACT

Meeting of the Minds – Agreement!

Offer and acceptance:
- A counter offer is a new offer.
Mutual Consideration.
- Both sides give something of value.
Performance or delivery.
- Somebody does something according to the agreement.
Not against public policy.
- You cannot have a binding contract for an illegal purpose.


Put things in Writing
You do not need a lawyer to write a simple contract.
A simple contract you write yourself is always better than a verbal agreement if it contains all the elements of a contract.

The truth about oral contracts:
Remember, an oral agreement is worth the paper it is written on.
Memories of each party can be different.
An agreement on a bar napkin can be a contract, if it has all of the elements.



PREPARING FOR THE WORST

Conflict Avoidance
- Start by working with people you trust.


Too often when considering the elements of a good contract we are focused on all the upside project potential:
Everybody is excited about the new project.
Expectation is for success, never failure.
Everybody is willing to give 100%.


Unfortunately, the best contracts must deal well with… When things go wrong...
Plan ahead for pitfalls.
Consider what can go wrong.
Decide how to handle failures and setbacks.


Communicate when the First Thing Goes Wrong
  • Address the problem.
  • Look to your contract for the method.
  • Review the agreement and revise if necessary.
  • Use the terms of the original contract to resolve the problem.
  • Keep calm.


Contracts must also address all the potential negative issues:
  • Can one party decide to terminate the agreement?
  • If one party wants out, will the purpose of the agreement be destroyed?
  • Fights do happen.


RESOLUTION OF THE CONFLICT

Termination of the Agreement


Mediation
- Best solution because all sides agree and are part of the resolution.
Arbitration
- Like mini-court.
- Quicker and easier.
- Lower attorney fees than going to court.


Included must be defining procedures for the worst possible outcome – the end:
How do you split up the assets?
How do you split up the liabilities?
Some assets and liabilities are brought in by the parties…
Some assets and liabilities are assumed during the agreement…


The Courtroom
Last Resort.
Must file a complaint.
Must go through discovery.
Motions for Summary Judgment.
Preparation for trial.
Jury trials and Bench Trials.
Appeals.
Paying those damn lawyers.


QUICK CONTRACT SUMMARY
Get it in writing.
Address possible bad outcomes.
Imagine writing a pre-nuptial agreement.
Address problems early.
Keep communication open.
Try mediation, then arbitration, or as a last resort go to court.


Complementary Post
You Get What You Negotiate



Click Here for Additional Help Starting or Improving Your Online Business

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

Dennis DeSantis on Building a Blockbuster Career in Adult Retail

The adult industry and the mainstream Hollywood scene often intersect, and few executives are more familiar with that crossover than Dennis DeSantis.

Ariana Rodriguez ·
opinion

How to Secure High-Risk Transactions With Network Tokenization

Ensuring the security of data as it moves through digital channels is the foundation of safe transactions, and crucial for your success. If your business can’t secure transactions, you’re exposed to myriad processing traumas.

Jonathan Corona ·
profile

'Pleasure Professionals Place' Facebook Group Marks 5 Years of Fostering Connections

Where can you find the pleasure industry’s most tantalizing, trending and relevant conversational banter? For once, we’re not talking about a trade show after-party!

Colleen Godin ·
opinion

How Cannabis Culture Is Reshaping Sexual Wellness, Pleasure

April is a month of celebration: Lovers Day, Earth Day… and 4/20. Once a subculture symbol, “420” has evolved into a movement that bridges cannabis advocacy, wellness and an increasingly vital discussion around sexual health and pleasure.

Ian Kulp ·
profile

Lea Lexis On Challenging the Porn Status Quo

Lea Lexis doesn’t just aim to make movies — she wants to craft experiences. Bending the rules of what’s possible in moviemaking with the precision of a true auteur, the performer-turned-Brazzers producer has helped shape some of the industry’s most striking and boundary-pushing productions.

Jackie Backman ·
profile

WIA Profile: Holly Corbella

Even during last year’s retail slump, the adult home party business continued to rock and roll — at least in New Jersey. Just ask Holly Corbella. Based in the Garden State, Corbella is the founder, CEO and lead party planner for Parties by Bellas, an intimate, in-home sex toy event company focusing on creating budget-friendly home parties for women on the East Coast.

Women In Adult ·
profile

Thor Johnson: Hard Hat Hustle to Fav Male Creator

Thor Johnson never expected to become one of the biggest names in adult entertainment — he just hit “upload” and let fate take the wheel. What started as a private video for his girlfriend turned into an unexpected career after it went viral, leading to his dismissal from a grueling oil field job and a crash course in the power of online adult content.

Jackie Backman ·
opinion

Balancing Sex Work and Personal Intimacy

As we all know, the adult industry is built around sex. For many people, sex is the all-gratifying expression of deep desire. It can bring both fantastic pleasure during the act and much-needed tranquility when basking in the afterglow — or at least, that is the general idea.

Zariah Aura ·
profile

Friday Bae Founder Benoit Palix Discusses Brand's Gen Z Focus

French sexual wellness brand Friday Bae is aiming to disrupt the market with its genderfluid, inclusive pleasure products. With bright pops of color for Gen Z and millennials to swoon over, Friday Bae is merging creativity and education for fans, dubbed the “Bae Squad.”

Namma Karp ·
profile

Self Serve's Matie Fricker on Promoting Sex-Positivity in Albuquerque

For 18 years, Self Serve has been providing a sex-positive space for adult toys and resources to folks in Albuquerque, New Mexico. The story behind its success is all about making connections: connecting with your passion, with your business partner, with your customers, with your staff and with your community.

Justin Goodrum ·
Show More