Not sure if this is OT or not...don't want to offend, so going OT route. I've got an arrangement with a friend, here is my understanding of the arrangement. For several years, I've been developing an application with the intention of marketing it. (FYI, it's an inventory control, POS, retail app.)
My friend has a business, retail, that is a perfect "target" for the application. In the beginning, he agreed to serve as a test site, putting up with bugs, lost data, and loss of "convenience" that comes with a program that is under development. In the end, he will get free use of the complete application for his business. What I get from the arrangement is obvious. Free guinea pig beta testing in a real-time real-life environment. Not $1 has ever exchanged hands for the software. And, until now, there has been no written agreement. (Yeah, bad.) But, up until recently, all was well. Then, my friend took on a partner who is now 50/50 co-owner of the business. The new co-owner and I do not "jive" well. Neither of us would unzip if the other was on fire, if you get my drift. The Dilemma Due to the above and other changes, the friend now wants to a) pay me a monthly amount to "help" the progress of development (speed it up) since I've been doing other "paying" work and my development on this application is "on the side" (since it has produced no income.) My plan for doing this was to invoice is as a monthly retainer amount for technical support of their computer systems (which I do for an hourly charge now). But, I'm not sure this is a good idea...because he then said that he wants to... b) get a written document outlining our agreement, and placing the source code in escrow, and providing a "remedy" ...in case "something happens". He says it's because the new partner is concerned what would happen if I were to die (or get mad at them and take my football and go home.) I felt much better about (a) above until the situation with (b) was presented. That's because (b) makes me wonder what the partner's intentions are (other than some kind of self-preservation.) Above and beyond everything else, my goal is to retain 100% ownership and rights and control to the program. I would rather avoid taking the money than to create a situation that would lead to a legal battle (which I can't fund, but they can.) Thoughts? Advice? Warnings? Scoldings? Thanks in advance. Mike _______________________________________________ Post Messages to: [email protected] Subscription Maintenance: http://leafe.com/mailman/listinfo/profox OT-free version of this list: http://leafe.com/mailman/listinfo/profoxtech Searchable Archive: http://leafe.com/archives/search/profox This message: http://leafe.com/archives/byMID/profox/[email protected] ** All postings, unless explicitly stated otherwise, are the opinions of the author, and do not constitute legal or medical advice. This statement is added to the messages for those lawyers who are too stupid to see the obvious.
