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Published by Independent Business Magazine, 2017-08-24 19:01:23

Mid Summer Edition

IBMedia

Amanda Michelle
Model, Brand Ambassador
PG.28
Build a Better Website:
19 Do’s and Don’ts
Pawsitive FriendShips
In the Shadows of
Social
Networking

Matt Wilber-

How I Went from Living in my Grandma’s
Basement to Owning Multiple Million-Dollar
Fit Body Boot Camp Locations

Th e Mi d Sum m e r E di t i on BuIsnindeespseMndeednita

Fruit De La Passion Luxary Lingerie

Contents
4 Collaborative Law – an

alternative to litigation

6 Jordan Walsh

8 Why hiring an Executive

Coach is

the smartest business move you can

make.
10 Pawsitive FriendShips
12 How I Went from Living in my

Grandma’s Basement to Owning

Multiple Million-Dollar Fit Body

Boot Camp Locations

16 Trisha Lotzer
18 Divorcing? Ask Yourself,

Is the Marital Home Really A

Prize?

20 Your Apple Account

May be Hacked!

Change Your Pasword Before

April 7th!

22 In the Shadows of Social

24 Networking
The Difference Between

Sales and Marketing:

Big Vision Behind a Small

Business

26 Build a Better Website:

19 Do’s and Don’ts

Collaborative Law – an alternative to litigation

Written By
Elizabeth Westby

Legal

What is Collaborative Law? party. The neutralencourages the parties

Collaborative law is an alternative to come to their own resolution, but the
to the traditional legal model where the matter itself remains under the courts and
parties agree to resolve their dispute without threat of litigation for any issues that are
resor ting to litigation. That’s r ight, imagine not resolved during the process. Another
entering into an agreement to resolve your differentiating aspect between the two
legal matter in good faith while saving the practices is that mediation does not employ
time and cost of going to court. It sounds any additional professionals necessary to
very simple, but the collaborative process is assist the parties in areas related to their
quite structured which ensures the path to matter. For example,this could include a
avoid litigation is adhered to. child specialist or property valuator, to
Collaborative law can be used in many name a few. A final difference is mediation
areas of practice, including civil, probate, will takeanywhere between 3-8 hours on
real estate and family law. Collaborative one day or at most, several hours spread
practice is especially useful for matters that over a few days while collaborative practice
are emotionally charged and revolve around holds as many meetings as necessary that
interpersonal relationships. This could be are focused but shorter in length to come to
close friends or family members who are resolution on all issues.
having a business dispute, siblings fighting
How Does Collaborative Law Work?

over the assets in their deceased parent’s Collaborative practice must be
estate, or parties who are unwinding their voluntarily entered into and the parties
marriage. must both be on board to find a “workable,
workable” solution. The specific tenants are
Is Collaborative Law Similar to as follows:
Mediation? 1. The parties first sign an agreement
describing the nature and scope of the
While both mediation and matter and the duties and responsibilities of
collaborative law fall under the blanket each party.
of ADR (Alternative Dispute Resolution), 2. The parties must voluntarily disclose
the two practices are very different. all information which is relevant and
Collaborative law allows the parties with material to the matter that must be decided.
their collaboratively trained attorneys to 3. The parties must use good faith
commit at the onset of a case to stay out efforts in their negotiations to reach a
of litigation by creating a resolution that mutually acceptable resolution.
works for everyone. Mediation differs from 4. Each party must be represented
collaboration as it employs a neutral third

4

by a Collaboratively trained attorney • Avoiding returning to court on a post

whose representation terminates upon the judgement issue

undertaking of any contested court hearing

or violation of the collaborative agreement. Why Haven’t I Heard of Collaborative Law
5. The parties may engage any
professional whose expertise is needed Before Now?

during the process. If you haven’t heard of collaborative

In short, the parties commit to the process, practice, it could be related to your

save the money that would otherwise be geographical location. Collaborative

spent on pleadings, discovery requests/ law was created in the late 1980’s to

responses, arguing and the like, and the early 1990’s and has been widely used in

necessary professionals are hired. The the Midwest and on the East Coast and

parties then split the costs andround table Internationally. While it isn’t commonly

about the issues, along with the trained used in the Southwest, yet, there are

professionals, to come to a mutually organizations and communities of like-

beneficial resolution. minded professionals who are working to

What Are the Advantages of connect with one another and educate in

Collaborative Law? efforts to better serve the client.

Besides the obvious – avoiding Not One Size Fits All
litigation including the time, expense and
stress that goes along with that process, There is one commonality to all legal
collaborative practice provides the matters – one way or another the issues will
individuals the opportunity to be in control be resolved. If the decision is made by the
and address all facets surrounding the courts, then the parties have handed over
legal issues while coming to “workable- their power and control over something
workable” solutions. For example, in a that is very personal to a system that can
family law matter, the parties may be never truly know all of the details and has
divorcing but instead of the traditional no personal knowledge of the parties. Each
fight that can last a year or more over how case is like a fingerprint and care must be
the assets and debts should be divided, the taken for the specifics of each case on an
parties are able to agree to have a financial individual basis. This simply cannot be
professionalreview the maritalestate, accomplished in the courtroom. That being
consider the financial future of both parties said, there are certain issues that must go
and come up with a division of the assets. before a judge, but many times court can
This method not only accomplishes the legal be avoided.Knowing that, and knowing the
portion of splitting the marital property, cost associated with traditional litigation,
but alsosets the parties up with a healthy individuals should be empowered to be
financial posture after the divorce is active participants in their matter and
consider an alternative to litigation.

finalized.

Other benefits include:

• A greater likelihood that all issues

will be resolved

• Preserving a relationship between the

parties’ post agreement

• Eliminate the risk or fear of the

unknown as the parties remain in control of

all aspects of their matter If you wish to learn more please visit
• Getting through a legal matter without www.collaborativepractice.com.
feeling cheated or financially drained

5

Written By Jordan Walsh Why all brands need a marketing
crisis plan Kathy Griffin’s headshot seen
Marketing around the world is another reminder about
how using spokespeople as the face of a
6 brand can be risky. CNN and Squatty Potty
discovered how quickly public opinion
can turn ugly in today’s all-knowing, all-
seeing, all-opinionated lightning fast
digital world we live in. Other brands have
felt the crushing weight of an unhappy
internet. Just ask Subway (Jared Fogle),
A f l a c ( G i l b e r t G o d f r i e d ) , Ve r i z o n ( R a p p e r
Ackon), Kellogg’s (Michael Phelps), Nike
( L a n c e A r m s t r o n g ) , G a t o r a d e , AT & T a n d
Gillette (Tiger Woods), Slim Fast (Whoopi
Goldberg) and Walmart (Paula Dean).
Companies can be oblivious one day then
playing the “what just happened” hot potato
corporate boardroom game (ala Chipotle)
the next day. In the past a nicely worded
PR piece about how the company is looking
into the issue or a talking head on NBC
Nightly News would have been enough.
Today marketing and PR departments have
minutes not hours or days
Why all brands need a marketing
crisis plan Kathy Griffin’s headshot seen
around the world is another reminder about
how using spokespeople as the face of a
brand can be risky. CNN and Squatty Potty
discovered how quickly public opinion can
turn ugly in today’s all-knowing, all-seeing,
all-opinionated lightning fast digital world
we live in.
Other brands have felt the crushing
weight of an unhappy internet. Just ask
Subway (Jared Fogle), Aflac (Gilbert
G o d f r i e d ) , Ve r i z o n ( R a p p e r A c k o n ) ,
Kellogg’s (Michael Phelps), Nike (Lance
A r m s t r o n g ) , G a t o r a d e , AT & T a n d G i l l e t t e
(Tiger Woods), Slim Fast (Whoopi
Goldberg) and Walmart (Paula Dean).
Companies can be oblivious one day then
playing the “what just happened” hot potato
corporate boardroom game (ala Chipotle)
the next day. In the past a nicely worded
PR piece about how the company is looking
into the issue or a talking head on NBC
Nightly News would have been enough.
Today marketing and PR departments have

minutes not hours or days or weeks to get
out in front of potential damaging and
profit losing situations.
So what’s a brand to do when a celeb
goes rogue? The answer lately seems to be
- fire them and try to put as much distance
between the celeb and brand as quickly as
possible. I have to assume that companies
engaging with celebs and spokespeople
have clauses outlining behavior which will
terminate a contract. And even with these
clauses brands are getting burned. Within
a day or two Kathy Griffin was let go from
her CNN New Years Eve hosting gig and
Squatty Potty pulled it’s spokeswoman
contract.
The problem with this strategy is
it has a short shelf life. I predict the
internet will be a buzz in the days around
New Years Eve about Kathy Griffin and
CNN. The internet - a gift that keeps on
remembering. Thank you Al Gore.
A higher level move is to establish
and maintain an internal marketing/
social media/PR crisis management team.
A group of employees at every level
(especially Social Media team members)
whose sole purpose is to prepare for a
brand’s worst nightmare. Dreaming up
devastating scenarios and what or who
could go sideways seems pretty easy to
do nowadays. Planning who’s on first
and what the communication plan will
be becomes paramount. If the folks on
the front lines (social media platform
managers) are not typing the same words
as the CEO would type then your company
isn’t prepared for an epic PR crisis.
Get your team together today as it
will undoubtedly be too late when a crisis
is unfolding. It’s not a matter if a PR/
social media/internet issue will explode
at your company - it’s flat out going to
happen.
Will your brand be ready?
I’m off to watch Squatty Potty
commercials and wonder which company
will be next to face the internet’s wrath.

7

Written By Steve Feld

Why hiring an Executive Coach is
the smartest business move you can make.


Business

Historically, business leaders/owners hired an executive coach when something
was broken in the organization and need to be addressed quickly. The coach will be
brought in, resolve the issue, paid and sent on their way. Only for the issue to pop
back up later in the future.
In today’s business environment, this attitude has dramatically changed. Every
high performing company is immersed with change and disruption that is demanding
the top executives and those executives must expand their leadership skills faster than
ever before.
One of the most common things business leaders/owners can gain from hiring an
executive coach is that your coach will have the ability to see things that you might
not see. When you are moving so fast, it’s hard to assess everything that is going on
around you and a coach can help you avoid from being blindsided. A coach will help
you see around the corners, evaluate opportunities, weigh tradeoff ’s and give you a
fresh, new perspective.
Some things you should look for in a coach, is that they will dive in and
understand your business objectives and the pressures you’re under-this includes your
business and personal realities. A great executive coach will take a fully integrated,
holistic approach to all the dimensions because the only way to be sure you’re
successful and feel meaning in your life and work. They need to show you how more
effective with your teams, peers and stakeholders. The coach needs to be as passionate
as you are about your business, but also must be able to give you that “tough love”
when necessary.
Every leader must have the right chemistry with their executive coach. If you
don’t trust or respect the person and they don’t respect you in a deep sense, then the
relationship is never going to work. A great executive coach will care about you and
your business. They want positive changes, just like you want. If you don’t want
positive changes in your business, then no matter how great your relationship is with
your coach, you will not get any results.
Your executive coach should assist you in creating systems that align with your
actions and goals. Another key item to consider, is that your executive coach is the
leaders confidant, mentor, guide, and sometime their mother.
It takes hard work and a strong team to get to the top, and one member of that
team should be an executive coach. You will achieve the goals you want and see your
business in a new exciting way. Think of all the athletes, high-performance leaders,
etc. None of them got to where they are without the help of a coach.
Steve Feld, Certified Business Coach, provides training and business
performance coaching to business owners, professionals and executives. He also
conducts workshops and training on a variety of subjects for business owners,
executives and their staff which he customizes to every organization to provide the
greatest positive impact. Contact Steve today to see how he can assist you grow your
business, 602-750-3017

8



Business

Pawsitive Friendships in a 501c3 motivation • Improves social skills

nonprofit organization, that was founded by • Increases trust, empathy and team

a mother a special needs child. She saw the work • Improves self-control

pawsitive impact the integration of her dog

had on his therapy results and wanted to Pawsitive Friendships’ Animal Assisted

help other children and families. Therapy Program

We work one on one with the child Pawsitive Friendships uses a 1:1

and their therapist to help them reach their model for Animal Assisted Therapy. The

individual therapy goals. We are able to facilities we work with have licensed

work with a child’s occupational, speech, therapists and/or teachers, who know the

physical or behavioral therapist. Our Pet children best and are trained to tailor their

Therapy teams have been trained and treatments to meet the specific needs of

currently registered with Pet Partners’ or each special needs child. Since our trained

Therapy Dogs Inc. and all have a passion to handlers know their animals best, we’ve

work with children and help them succeed. taken the two and merged them.

Animal Assisted Therapy makes use of Each dog/handler team works with the

trained animal and handler teams as an assigned therapist and/or teacher to help

integral part of a goal-oriented treatment their particular child reach his or her

plan for individuals with individual needs. individual goals. Should the child need

The variety of animals used includes, but a break during the combined session, the

isn’t limited to, dogs, cats, rabbits, pigs, therapist/teacher can continue working with

birds and horses. Because animals are the child while our team steps back, and

accepting and non-judgmental, they make vice versa. We believe this 1:1 model is the

it easier for people to feel more relaxed safest for all parties involved.

and more comfortable during their personal W h at d oe s a th e rap y se ssion wi t h a

treatment sessions. dog look like?

Unlike Animal Assisted Therapy used The integration of therapy dogs into

in nursing homes and hospitals, our handler traditional therapy is only limited by the

and therapy dog teams deal solely with imagination of the handler and/or therapist.

special needs children, their visits together Some examples are:

last longer, and are goal orientated. Each Fine Motor Skills – Using scissors to cut

team works with the same child on a regular jerky treats for the dog, drawing a picture

basis, is directly involved with that child’s of the dog, clipping the dog’s leash on.

other, ongoing therapy, and not only forms a Gross Motor Skills – Throwing a ball for

friendship with that child, but also observes the dog, playing tug-of-war with the dog,

that child’s developmental growth. squeezing a ball, playing follow the leader

S o m e o f t h e Be n efits of A nimal A ssiste d a nd br ushing the dog.

Therapy Speech – Practicing words and recognition,

• Improves fine motor skills • giving the dog commands, reading aloud

Increases self-esteem to the dog, identifying dog parts and color

• I m p r o v e s balance • D ecrease s (tail, ears, black, big, small)

anxiety, depression and isolation Social Skills – Playing games with the

• Improves focus, attention and dog (taking turns), recognizing personal

10

space and appropriate touch, understanding
emotions.

These are just a few of the many, To find out more information about
many ways a dog can be incorporated. Pawsitive Friendships, you can visit our
Each of our Pet Therapy teams are given an website at www.pawsitivefriendships.org or
activity kit, some of the items in this kit you can Like and follow us on Facebook to
include: see our therapy animals in action.
• Multiple different types of dog
brushes – so children can feel the different
textures.
• Multiple interactive dog puzzles/
mazes
• Collapsible travel dog bowl
• Flexible Jerky treats and scissors
• Training/bite sized dog treats
• Tug of war rope with handle
• Va r i o u s b alls
• Many more items to be used
specifically with the dog and child

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To advertise, host a show, or for more information: Call (602) 277-1100 or visit our website: www.1100kfnx.com

How I Went from Living in my Grandma’s
Basement to Owning Multiple Million-Dollar Fit

Body Boot Camp Locations

Matt Wilber When I graduated with my Masters in
Business Exercise Science, a part of me was scared
that I had made a huge mistake. In my home
town of Grand Haven, Michigan, there were
barely any personal training jobs, so it was
tempting to say I’d gotten wrong degree.
Thinking I had no other options, I moved
into my grandma’s basement and took a job
as a strength coach at my local high school,
with some personal training work on the
side.
Little did I realize at the time I was
sitting on top of a massive opportunity. I’ll
talk more about that in a moment.
I’ve always been extremely passionate
about health and fitness, so in that sense it
felt great to be training those high school
students and clients, but I knew in my gut
that I had the potential to do more. I knew I
could use my passion to help so many more
people and earn so much more money in
return.
Eventually I decided to specialize in
weight loss and physical transformations,
so I broke away from the personal training
company and the high school and set out to
create my own opportunity.
See, that was the first most important
thing I realized: there wasn’t a lack of
personal training jobs in my town—there
was a lack of competition. That meant I had
the freedom to create my own opportunity,
do things my own way, and establish myself
as a weight loss authority in a town that
didn’t already have one.
So then everything turned around and
I instantly had my own business empire,
right? Well, no, not quite. I had a bad
case of the “Idea Fairy”. I was all full of
passion and excitement about building my
own business and I had a million different
ideas about what to do next. The problem

was, I had no clear strategy for which ideas 2017.

to implement, and I could never finish And, of course, I still have huge plans

anything because I kept getting distracted for expansion.

by the next shiny new idea. So that’s the story of how I got here,

That’s when I first discovered Bedros and now I’d like to focus on some of the

Keuilian, high-performance business coach things I’ve learned along the way and look

and founder of Fit Body Boot Camp. The at how those can help you in your business.

timing was perfect. His videos taught me First off, never underestimate the

about the importance of picking one idea power of entertainment. At my boot camp

at a time and sticking with it until it’s sessions, we offer way more than just a

finished. He also taught me about the power workout. I always tell my trainers that their

of the fitness boot camp business model, job is to entertain people for 30 minutes at

which was still a pretty new concept at the a time, and also get them fit while they’re

time. doing it.I tell them our workouts should be

So, to get myself on track, I started the be the best 30 minutes of our client’s

saying “No” to all my other random little day, and that’s what they deliver.

ideas and committed to creating the best If you go into one of my sessions,

weight loss boot camp I could for my you’re going to hear the music blasting

community. Using Bedros’s marketing and see one of my trainers whose only

advice and my own hustle, I got myself up job is to work the mic the whole time.

to 60 clients and kept growing. Finally, I They’re basically like a hype man for my

knew I was on the right track…but I knew I members—they bring their crazy, out-of-

still had further to go. control energy, get the crowd pumped, and

Now like I said, boot camps were keep everybody on their toes. Then I have

just starting to show up, and back then they 2-3 trainers there to focus more on the

were mostly outdoors. This lead to all sorts training itself—correcting people’s form,

of problems with bad weather, city zoning encouraging them to push harder,connecting

laws, and all the other chaos you can expect and engaging with them, etc.

outdoors. So, when Bedros started bringing

boot camps indoors with Fit Body Boot Imagine if every time you had a sales

Camp, I knew he was onto something huge. presentation or product demonstration,

As soon as I discovered FBBC, I made a

commitment to buy my own franchise within

the next three months.

Even though I didn’t have the money

for my franchise fee at the three months, I

was so determined to get moving that I went

and put the entire payment on credit cards.

Talk about lighting a fire under my butt!

At that point, I left myself no choice but

to dive in and make my Fit Body a massive

success.

Those 60 clients I had with my own

personal boot camp became my first 60 Fit

Body clients, and from there I went on to

buy four more locationsover the next three

and a half years and establish myself as the

local authority on weight loss in the West

Michigan area.Three of those locations

are on track to do over a million dollars in

you had a hype man there who’s only job they’re away location one starts to suffer.
was to keep people entertained. That might That’s because the culture is moving with
sound silly at first, but this is dead serious the founder.
business advice. I became obsessed with trying to
You’re on entrepreneur, which means solve that problem with my own locations.
it’s your duty to sell. Selling is all about Finding a solution to that problem has been
emotion, and entertainment is all about one of my biggest projects over the last
flooding people with positive emotions three years. After a lot of trial and error,
so they keep paying attention. Can you I’ve made a discovery which I think is quite
see the connection there? Whatever it is honestly the most important business lesson
you’re selling, you’re going to have a much I’ve ever learned.
higher conversion rate if you incorporate Here it is: if you want to scale your
entertainment in your process. business, you need leaders on your team
Of course, this is all just the tip of who create other leaders. The way to do
the iceberg for the true secret weapon of that is to create a culture where everyone in
my locations: culture. The reason why my your organization has a path for growth and
trainers can deliver such high energy during you’ve screened them out to only bring on
workouts is because they truly believe in the brightest, most ambitious people.
our mission of spreading fitness and they For example, let’s look at the journey
are passionate about working at our Fit of a personal trainer working at one of my
Body Boot Camps. locations. Well, pretty soon, I’m going to
I believe that the success of any be hiring exclusively through my internship
business is tied directly to its culture, and I program, which is actually being developed
know you can’t have a high-quality culture right now by one of my location leaders
without high-quality people. (perfect example of what I’m talking about).
It reminds me of one of the biggest So imagine this young personal
struggles I see with franchisees and small trainer, let’s call her Jenny, is working
business owners who try to expand into on her degree in exercise science. She
multiple locations:their first location is goes into her university library to look
awesome while they’re still around, and at internship opportunities, and they
then their second location is awesome while recommend my internship program. She
they’re over there setting up, but while reads about us online, asks her friends about
us, hears how awesome our workouts are,
and decides she wants to see how we work.
Now Jenny is an intern, and she’s
extremely professional, always shows up
with positive energy, and has great rapport
with my clients. Awesome! I go ahead and
hire her full-time as a trainer, and after a
few years of working with us she feels a
calling to operate at an even higher level.
She wants to be in a leadership position,
and she speaks with her location lead to get
mentorship in that direction.
Well, when it’s time for me to open
my next location, I’m going to say, “Hey
Jenny, you’ve been doing such great work
with us and I know you’ve been interested
in taking on a leadership position, so how
would you like to be the location manager

14

for my new facility?”
See, the magic of this whole system
is that everyone on my team always has
a motivation to do better work and stick
around because I can offer them such great
opportunities. At any point in that process,
I can honestly tell that person, “You’ll make
more money working for me than you would
working alone.”
That, to me, is the most exciting part
of doing business: providing opportunity
for those on my team and having a greater
impact on my community.
Matt Wilber is the owner of five Fit
Body Boot Camp locations: Grand Haven,
Holland, Forest Hills, Grandville, and
Alpine. He holds a Masters in Exercise
Science and prides himself on building
three of his locations into million dollar
generating locations in three years under the
age of 30. Last year, his locations totaled
3.2 million, and this year they will total
over 5 million. As a top-performing Fit
Body Boot Camp owner, he has recently
partnered with franchise headquarters to
offer tours of his locations to fellow owners
and to offer them licensed versions of his
programs.

Written by Trisha Lotzer

Law

lawyer –except that we were able to take

immediate action and get things documented

as best as possible and done very quickly.

Recently, I spent Saturday morning Don’t let this situation happen to you.
helping a very stressed-out medical The cost for the average employee
practice owner with an urgent employment lawsuit starts at around $30,000, not to
termination matter. While I don’t usually mention the time you spend on it not
work weekends, I am “on call” for practicing medicine or working in your
emergency situations. business, as well as the time and money
In this case, there was one major you spend changing the door locks, staff
employee problem and no offer letter, no directories and computer passwords.
written contract, no background check, no Here are some potential cost and
employee handbook and not even any clarity time saving measures to discuss with a
about amount of the final paycheck. Plus, well qualified attorney and to consider
the fact that there was no written contract implementing in your business or medical
meant that there was no mediation or practice before problems arise:
arbitration clause--leaving the doctor and 1. Expert Advisors. First of all,
his practice open to a potentially expensive if you don’t already have a team of well
and emotionally taxing lawsuit. qualified advisors ready to assist you, get
But that wasn’t the really bad part. one lined up today. The most successful
Because of the same attitude problems business and practice owners usually realize
that led to the termination, there was that they can’t and shouldn’t do every thing
justifiable concern that the employee could themselves from taxes, to drafting contracts
go what he called “crazy mad” and misuse to website work. Ideally, you want to have
the physician’s confidential personal and friendly, competent folks you can call to
practice data, social media accounts and help you prevent scenarios like this as well
credit card accounts as well as the key as help you out when some thing unexpected
to the practice front door, not to mention happens. And never rely on the opinion a
locating his personal home address. marketing expert, real estate broker, office
It was a royal mess, to put it nicely in manager or practice consultant when what
non-legalese. you really need is solid legal or tax advice.
And, in this case, it wasn’t even I have seen that prove far more costly than
totally the physician’s fault. He had hired you can imagine.
a “practice consultant” to oversee the 2. Written Employment Agreements.
hiring process for this key employee. The As an at-will or “right to work” state,
consultant had represented that he had in Arizona you are not legally required
experience hiring employees and handling to provide your employees with written
the paperwork but absolutely nothing had employment agreements. However, that’s
been handled correctly from the start. It a bad idea in most cases, especially with
was almost a dream case for the employee’s the Prop 206 changes to the law that will
require employers to give all employees

16

(part-time and full-time, but not necessarily confidential information about business
contractors) a minimum number of paid sick policies, procedures and client lists.
leave hours beginning on July 1st, 2017.
3. Beneficial Employment Agreement This article is not intended to be legal
Clauses. The best employment agreement advice, it is intended to encourage you
for your business might also include to discuss the pros and cons of a written
some additional clauses to protect you employment or contractor agreement with a
and your business such as mediation and good attorney and to also listen to what ever
arbitration, non-competition and non- other actions he or she recommends for your
solicitation language, and a confidentiality particular, fact-specific situation.
clause to provide additional protection for
intellectual property and other important Well written employment and
confidential information. contractor agreements, like all well written
business contracts, can be worth their
Let’s look at just a few of these weight in gold (literally) if properly drafted
potentially, powerfully protective clauses in and executed. They can help keep the
a little more detail: peace, outline expectations and provide
clarity in business relationships, saving
• Mediation and Arbitration Clauses. you, your business and your employees time
Would you rather have to spend the time and money that can be better spent on other
and money on lawyers and going to court things than preparing for and litigating a
or be able to privately, informally and case in Superior Court.
conveniently resolve issues with a mediator
or arbitrator? Mediation and arbitration Trisha Lotzer, JD is the founder of Lotzer
clauses allow you to bypass litigation Law Group, PC and Lotzer Law and
and they also do a pretty darn good job Mediation. She is a business and health
o f d i sc o u r a g i n g frivolous law suits. You care attorney who also provides mediation
can even choose to include the name of a and arbitration services for businesses and
trusted neutral party to do the mediation medical practices. For more information
or arbitration--this can save time and on Ms. Lotzer, her firm, her expertise or
streamline the dispute resolution process to schedule a complimentary consultation
later, in the event that a conflict occurs. please visit www.lotzerlaw.com
If you would like a copy of mediation
and arbitration language or are interested
in appointing me as your mediator or
arbitrator, please contact me.I would be
happy to be of assistance.
• Non-Compete and Non-Solicitation
Clauses. Would you like to protect your
business from employees leaving and
opening up a similar business on the same
block? Then a non-competition clause
in their employment contract may be the
answer. And a clause about not contacting
other employees or clients with enticing
offers, a non-solicit clause, would provide
additional protection, as well.
• Confidentiality Clauses. Terms can
be placed in an employment agreement
to protect intellectual property and

17

Now that you are mentally prepared

to look at this house through a financial

Legal purview not an emotional one, here are the
items you need to consider when deciding if

the house is financially in your best interest

to fight for.

1. Can you afford the real cost of

owning that house now and in the future?

Written By Elizabeth Westby You must consider the dollar amount it
will cost to run a household alone. Do

not calculate in child support or spousal

maintenance – afterall, many times even

if one party is awarded this type of

D i v o r c i n g ? A s k Yo u r s e l f , support, collecting it is not certain. So
plan for yourself. Look at the mortgage;
Is the Marital Home can you take this over on your own? Now

Really A Prize? add property taxes, insurance, repairs/
maintenance, furnishings, and of course the

never ending living expenses (gas, water,

electric, food). If your answer is “I don’t

know” or “that might be really tight” then
you need to consider downsizing. Start
Home is where the heart is . . . at
small and build. I know it isn’t something
least until it isn’t! In the U.S. divorcing
you want but many times during a legal
couples fight hard over the marital home.
process what you want is the opposite of
As if being awarded the home in the divorce what you must do. The good news is it is
means you have won. This is certainly not temporary. Things will not always be this
the case in most instances and depending on way and it will be ok, as long as you plan
several factors, you may not want the home. properly. It is the people who fight without
For many couples, the marital home is
understanding the full picture and having a
their largest single asset. But honestly, the plan who end up losing after the divorce.
home can be a huge burden and you have to
2. Can you refinance the mortgage
make a financial decision when looking at on your own? You can be guaranteed that
the home and try your hardest not to think whichever spouse leaves the home, they will
emotionally.
want to take their name off the mortgage.
When you get a divorce, everything This presents a whole new set of challenges
changes. If you can put your mind in a place for the person who stays in the home. You
where you can accept that things are about will have to qualify by yourself with your
to change drastically, the process will not income alone to refinance. While you can
only be easier to stomach, but you will
attribute spousal support and child support
make decisions that will benefit you in the towards qualifying for a loan, lenders
long run.
know that often times these payments are
In short, you must train yourself to
not always made reliably so the only time
look at this house as a piece of property
the lender will consider these types of
and nothing more. Do not see that wall you “support” is when there is a good track
took an entire weekend to paint yourself as record of those payments being made. When
part of your being, but see it as a wall that you are at the onset of a divorce there is no
you painted once. Rest assured there will
such history so you want to make sure your
be a new wall for you to paint in a different income is enough to refinance. If not, then
color in your future.
again you will need to consider downsizing.

18

3. Can you sell the house when decree was entered into that reality set in.
you want to? You must check the market Many things need to be considered
conditions for the value of the home and during the divorce process and whether
the likelihood of sale. You don’t want the or not you want to fight for the marital
house to sit on the market for half a year home. You must think financially not
and go into debt while waiting for a sale. If emotionally. Go through the details, do
you think it might be hard to sell the house your research, educate yourself, invest
then consider letting the other spouse keep in hiring professionals at least for those
the residence. Then you can get your value limited issues you really could use the
out of the home up front and let him or her advice on (tax advisor, realtor, financial
deal with the headache of trying to get the advisor, attorney). In the long run it will
value out of the property through a sale. be worth it I can promise you that. Remind
Or you may want to agree to sell it while yourself that this is a phase in life, you can
the divorce process is underway, that way handle this and you will come out stronger
both parties are still on the hook, making as long as you do yourself the favor and
payments easier, then splitting the profit. plan accordingly. Lastly, be cautious of any
This is a case-by-case item and you will deal that seems too good to be true. When
want to speak candidly with your divorce the other side offers you something, like
lawyer about. the marital home, you must consider every
4. Can you handle the tax burden detail and every implication it may have
if you do sell the house? If you sell your
house for more than you paid for it, then
you are looking at capital gain tax. In 2013
the federal max went from 15% to 23.5%,
now there is talk of raising the percentage
to an astounding 28%! And that is only
the federal – you will be paying the state
capital gains tax as well. Don’t forget to
calculate in the 6% realtor fees and other
closing costs associated. That doesn’t leave
a lot of money in your pocket. If you are
closing on your own after a divorce, you
could be losing thousands because in the
divorce you would have been credited your
portion of the full market value minus the
mortgage. This is where the numbers get
real and are imperative to consider.
5. Do you really want that house?
Many times when we fight in a divorce, we
are fighting because we are angry and want
a leg up on the soon to be ex. But think
about this carefully, do you really want to
go home at the end of the divorce to the
home you shared with your ex? Do you want
that in your life? Will staying in the home
deter you from moving forward in your
life? Use that rational mind to protect your
emotional side. Speak with folks who have
been through a divorce, many times they
will tell you that it wasn’t until after the

Your Apple Account May be Hacked!

Change Your Password Before April 7th!


as the LinkedIn breach of 2012, and they believe or

have confirmed that many users re-use passwords

across

multiple online accounts.

Apples’ Response

According to their threat, The Turkish Crime Apple says it has no intention of paying any

Family (The Family) claims it will hack upwards of ransom. It has responded: “we do not reward cyber

600 million Apple iCloud accounts on April 7, criminals for breaking the law,” which is the only

2017. That is, unless Apple pays a ransom. answer to such a demand. Any payment made by

Evidence Solutions Cyber Security Experts Apple would only create additional demands of

iCloud Definition Apple by other groups.

iCloud is a suite of cloud-based services Apple is attempting to downplay the threat.

from Apple. These services include: data storage, “We’re actively monitoring to prevent unauthorized

data backup, data synchronization, device location, access to user accounts,” said Apple. In spite of

and more. Synchronization of these services can be Apple’s downplaying the threat, it also has advised

performed with computers, iOS products, and other their iCloud users to use “two-factor verification”,

supported devices. iCloud was formerly known as which adds a significant extra layer of security at

MobileMe. This service is connected with most sign-in.

iPhones, iPads, and Macs. Apple has likely put into place some

The Threat mitigation to this threat. After all, it is in their best

The Family claims it will perform a “factory interest to secure their customer’s accounts.

reset” and therefore wipe hundreds of millions of Protect Yourself

iProducts by hacking into their iCloud accounts. So what should you do if you have an

Prior to this threat, The Family had never been iDevice and an iCloud account? First reset your

heard of. The group’s Twitter account announced on password. This will likely prevent The Family from

March 21, 2017: “200 Million iCloud accounts will accessing your account. Using a strong password is

be factory reset on April 7 2017”. On March 22, the encouraged.

group increased the number to 627 million. It went More information about strong passwords can

on to say “…we are convinced it will keep growing be found.

until 7 April 2017”. You can take a further step to secure your

The Turkish Crime Family as asked Apple account by turning on Two-Factor Authentication

to pay a ransom of $75,000 in either Bitcoin or (2FA). More information on 2FA for Apple devices

Ethereum. It also offered to allow Apple to pay may be found on Apple Support.

$100,000 in iTunes gift cards. In return, The Family Once 2FA has been turned on for your

will delete the iCloud user data it claims to possess. account, even if someone obtains your Apple

Bitcoin is the global criminal hacker’s currency of password, they would also need access to one of your

choice as it is untraceable. By contrast, the iTunes iDevices to access your account. It is a security best

gift cards are easy to trace. Hence The Family is practice.

demanding 33% more if Apple makes the payment by It is also recommended that you use a unique

iTunes gift cards. password for each online account you have. Shared

The threat appears to be somewhat credible. passwords are a bad thing. If a hacker obtains a

ZDNET, a CBS Interactive company based in San password from one of your online accounts they are

Francisco, California, received a sample of the data likely to try using that same password elsewhere and

that The Family claims to have and has verified if the password is the same, bingo, they are in!

that at least some of the sample data contains valid While nothing is 100% safe from hackers,

iCloud account usernames and passwords. using a unique strong password and turning on 2FA

One explanation for how The Family obtained for the accounts and services which are important

passwords is they have a copy of some of the login to you,will go a long way to keeping your online

20 data that was obtained in a previous breach, such information safe.



In the Shadows Written by Chief Taina Amayi
of Social & Raven Sanchez

Networking

Social networking is a technological is the as a chief. I was threatened with physical,
Doctor Jekyll and Mister Hyde of human and sexual, violence, and reprisals of
experience. It can serve to make wonderful various kinds. We both found ourselves
connections, make new friends, and perhaps being swarmed by an inside network
even form good and healthy romances. within the general workings of Facebook.
However, to every pro there is a con. As the pattern goes with psychopaths, the
harassment would begin with, “Wow, you’re
There is a growing trend in the cute”, to, “I’m coming to get you”.
world of social networking that has created
a dangerous arena where wolves appear as Above I mentioned several
lambs, and great damage to the victims has predators. Before anyone comes to the
brought tragic consequences ranging from erroneous conclusion that “Raven and I
isolation, to the irreversible and devastating ‘asked for it’,” note that I also mention an
act of suicide. The fact that this issue inside network. It is necessary to understand
is seldom addressed makes this an even that whether the perpetrators know each
greater tragedy. other, or not, they use what is known as
“trolling”, in order to profile their intended
We could simply address the victims. Once they spot their “prey”, other
issue of sexual harassment online, but predators take note, and follow suit. It
the harassment transcends the already does not matter which social network one
complex perpetrations of sexual abuses that might use, where there are women, there are
pervade the online world of cyberspace. sexual predators.
Compounding the issue is the ability of Shortly before permanently deleting
harassers to disguise their real identities, our Facebook accounts, other women,
plus the apparent inability of website including girls as young as sixteen, saw
administrators to effectively address what Raven and I had experienced, and we
the issue. They use different screen were suddenly flooded with print screen
names, open various accounts; some even shots of inbox messages from women
possessing the ability to hack into others’ experiencing the same horrors. We then
accounts, often connecting with their banded together, and men joined us in an
intended victims without the victim’s effort to stop the abuses.
knowledge.
The victmology of online harassment It was not enough.
covers both men and women. However, the In a recent situation on LinkedIn,
ratio of harassment averages 72% (women) Raven was inappropriately addressed by
to 59% (men) because the most common a businessman via private message. She
form of harassment, or stalking, is sexually subsequently issued a post regarding this
based. case as an advisory to the women. Another
woman had previously posted her disturbing
Raven and I first met on Facebook experiences, leading to an outpouring of
several years ago. When Raven was support from women and men. In Raven’s
accosted by several predators, I stepped in, case, I messaged the man, and have not
and successfully managed to stop several heard from him since. The question is: Has
from continuing their inappropriate and he stopped?
often threatening advances. However, I
was not totally immune to the same, even Unfortunately, despite women’s

22

attempts to report, and/or block these individuals, little to nothing is done by website
administrators of LinkedIn, or any other social network, to prevent such harassment from
happening again.
It is disturbing to know that, despite our best efforts, other women are being harassed,
and we don’t know about it.

The conclusion reached is that women need to band together, with the help of
decent men that respect us, to ensure that we remain safe, and to let each other know that
we are not alone. Together, we can make that happen, despite what administrators can not,
or will not do.
Regardless of the purpose of the social network websites, there are “faces with
masks”. There is no law that can totally regulate these sites without violating the First
Amendment rights of the users, at least in the United States, as long as no verbal threats
become border-crossing realities. However, some online improprieties do spread to
real time perpetrations, with tragic consequences. This does not mitigate the spiritual,
psychological, and fear that women experience when a predator plies his “trade” upon
them online. The potential for physical manifestations of online sexual violation just adds
to the terror of its online counterpart. It has to end.
Raven and I are the founders of an auxiliary inter-tribal investigation and security
agency called Turtle Island Indigenous Affairs (T.I.I.A.). We work in cooperation with
law enforcement agencies for public safety. We are both survivors of sexual violence, and
work diligently to assist women, children, and men who are victims of real-time, as well
as, online sexual, physical, emotional, and psychological harassment and abuse.

23

Written By Matt Cohen I’m sure there many other hurdles my
grandfather had to overcome along the way,
The Difference Between Sales but that bold decision saved my family’s
business and by extension, my family. It’s
and Marketing: this story that makes me so proud to work in
Big Vision Behind a Small the medical device industry today. It’s this
story, and many others like it,that makeus
Business place visionaries as heroes who walk among
us, but having true vision is something we
all can perfect. As with any skill, it can be
In 1955, upon returning from the developed with time and dedication, and I
Korean War at 25 years old, my grandfather know my grandfather would agree.To see
was given the keys to the family business. trends in your industry before others do
He started it just three years earlier with and develop an effective strategy to exploit
his brother, who agreed to run the company that trendtakes a thorough understanding,
while my grandfather was overseas. Today, not just of your organization, but also your
61 years later, it is still thriving against competitors, suppliers, customer base,
all odds and has always been a pillar of the regulatory developments, and the list goes
community to which it belongs. It is one of on. We live in a complex global economy,
the last family-owned pharmacies in central with various industries and markets
Ohio and only has one location. So, how did becoming increasingly interconnected in
it survive? Vision. ways that can be difficult to define. This is
Decades ago, my grandfather saw the the challenge of marketing.
pharmaceutical giants like CVS, Walgreens, It was understanding the scope of
and Rite-Aid rapidlyexpanding and knew marketing as a business function that
that margins on prescriptions wouldn’t drove me to study economics in undergrad
keep the doors open for long. The national before concentrating in marketing during
pharmacies simply had economies of scale business school. Before I could attempt
and could easily undercut any price. Rather to develop marketing strategies, I had
than accept the inevitable, he decided to understand how markets function. For
to react. Like any good entrepreneur, he a true understanding, I will need years
started developing his strategy by thinking of experience and a desire to never stop
of the people he served. He wanted the learning. The point is that marketing is
business to be a one-stop shop for all much more than a flashy commercial and,
of their medical needs, so he decided to while it may be used synonymously with
broaden its scope to include medical supply. sales in smaller companies, these functions
Initially this involved providing hospital/ are entirely different at their core.
hospice supplies,and later orthotics.
What is Sales?

What is Marketing? Just as marketing is more than a
flashy commercial, sales is much more than
a discount. Sales is the implementation
of marketing. While the responsibility for
developing strategy rests with the marketing
team, a company’s salesforce is its ‘boots
on the ground.’ Again, organizations with
fewer employees often decide to have these
responsibilities shared, but they should
still be viewed as separate pieces of the

24

strategic puzzle by management. That’s not As John Jantsch, a renowned small business
to say the two functions do not overlap, marketing consultant, once said, “The
which is why many people ask me what I difference between sales and marketing is
sell when I tell them I am in marketing. that marketing owns the message and sales
Working in sales requires the same thorough owns the relationship.”
understanding of the economic forces
impacting a business as marketing. If a Understanding the Difference
salesperson doesn’t understand what creates
value for their customer, they will have a
very difficult time getting that customer to The vocabulary of business is
the point of purchase. To create value for ubiquitous in contemporary society,
an organization, value must be created for but an understanding of its meaning is
the individuals it serves. Business has never unfortunately not. It’s undeniable that
been about products, but rather finding the sales and marketing functions of an
solutions, and no one in an organization has organization are inextricably linked,and
more insight into the needs that shape those rely on the insights provided by one
solutions than sales.After all, the most another to develop competitive strategy.
effective sales approach has been proven However,understanding the differences
to begin with treating the relationship with between their roles in a successful business
the customer as that of a consultant, helping is essential to providing customers with
them to identify the various ways they products and services that change lives.
could become more effective or efficient in After all, that is what great businesses and
their daily responsibilities. Only once those the visionaries among us strive to do. My
pain points are called out can a salesperson
credibly discuss the solutions they offer. grandfather was no exception.

25

Build a Killer Website
– 19 Do’s and Dont’s

Written by Fern Poyser

I’m continually surprised by how 3. Use ope n sour c e tools. You c o u ld

many people call us with very firm ideas go with a proprietary content management

about what they want on their business system (CMS) but that means you’re

website and yet, they haven’t thought typically stuck with one company and

through some of the most basic questions paying hefty license fees to boot. Do

first. For this reason, our first question is yourself a favor and go with an open-source

always “Why do you need a website?” not system—I like WordPress and Magento—

“What do you want on it?” that any developer can access.

Your website is a marketing tool. For 4. Think about your mobile strategy

many businesses, it’s the only source of simultaneously. Research the percentage of

business. If done right, it can be a major your visitors that are likely to use mobile

part of yours. devices to access your site. If it’s high,

Here’s our quick-hit list of the top dos and you may want to consider having a mobile

don’ts before you get started building a version of your site, or even an app.

website: 5. Borrow from your competitors.

Do: Before you build your site, check out your

1. Set smart goals. And make sure competitors and write down the things they

they’re measurable. Here are a few great do well. If you like the look and feel of

ones a Web designer wants to hear: increase another site, there’s no reason not to start

conversion rates, increase sales, generate with something you like and then make it

more leads, reduce overhead, and improve your own.

brand awareness. 6. Develop your content. The biggest

2. Plan on becoming an SEO wizard. slow-down in the Web design process is

Sure, you’re going to want help from the content. If you’re going to sell products on

pros and eventually you might even need your site, get product photos and product

your own SEO expert, but search engine descriptions ready. If you sell services,

optimization is something you need to know you’ll need a description of each service.

about too. It has one of the highest ROIs Get as much of your content together before

in marketing. Plus, do it right and SEO can you start building your site—it will save

literally put your marketing on autopilot, you weeks. And while you’re at it…

allowing you to focus on improving the 7. Write with calls to action in mind.

quality of your business, instead of figuring Good calls to action allow visitors to

out how to bring in customers to your site. quickly decide what they want to do next.

26

Having a big sale? Don’t just write a banner 4. Spend all your money. Don’t max

that says “50% off all products.” Write one out your entire budget on the website. You

that says “50% off all products, CLICK can get a well-designed site for around

HERE to view them.” $1,000 to $3,000 depending on the size

8. Always answer the question “why?” of the website and features. And you can

Have you ever walked up to someone always make improvements as your business

you’ve never met, handed them a business grows. It’s far more important initially to

card, and walked away without saying a have some money left over for a marketing

word? Likely not. If you want people to do budget so you can actually make a return on

something on your website, such as sign your investment.

up for your newsletter, don’t just put up a 5. Add a blog. Are you really going

box that says “enter email” or even “sign to write posts? Be honest. If you won’t,

up for newsletter”—you’ll get a very weak then forget about a blog. A website with

conversion rate. Tell them why they should an outdated blog can create the perception

do it: “Sign up for our newsletter to receive that your company is small or even out of

weekly specials.” Same thing goes for business.

Twitter and Facebook logos. Just putting 6. Add Twitter and Facebook buttons.

them up isn’t smart. Tell people why they If a potential client clicks through to your

should follow you on Twitter or friend you social pages and sees hardly any followers,

on Facebook. What will they get out of it? they may lose trust in you. First build

9. Trust your Web designer. I tend to up your social presence, then commit to

see the worst end results with customers posting and engaging your fans on a regular

who come in with a “I know what I want, basis, and only then promote them on

just do what I tell you” attitude. You hir e d your we bsite . Also ke e p in mind th a t s o me

an expert because they know more than businesses simply don’t belong on Twitter

you, right? Let them do what they do best or Facebook.

and they’re more likely to meet and often 7. Try to please everyone. Your website

exceed your goals. will be a mess if you try to accommodate

10. Have a Marketing Budget. Building every type of visitor who might come along.

the website should be approximately 20% Figure out who is likely to be your most

of your budget and marketing the website frequent users and focus on creating the

should be 80% of your budget. best experience for them.

Don’t: 8. Add testimonials. Building credibility

1. Do it yourself. I know—I run a web is important, but too often testimonials

design firm, so of course I’m going to say sound fake. “’They are great!’ says John

this. But seriously, your website is often Smith” simply isn’t believable. If you’re

where your customers’ first experience your going to have testimonials make sure they

brand. If it looks homemade, they’re going are specific, and something people can

to make assumptions about your business relate to.

that you want to avoid. 9. Use Flash. Some sites still need it, but

2. Make people think. When visitors if you can, avoid it. Adobe just announced

come to your website, they typically already that it will no longer support Flash on

know what they want out of it. Do a three- mobile devices and set-top-boxes. The last

second test: If within three seconds a visitor thing you want is for a potential customer to

can’t figure out what to do next, go back to be unable to open your site.

the drawing board. 10. Expect a killer website overnight.

3. Expect visitors. Lose the “if you Good websites take time to build. If you

build it, they will come” mentality. Simply want the best results out of your site, be

putting up your site will not result in any prepared for several months of work. 27

visitors.

Amanda Michelle
Model, Brand Ambassador
MsAmandaMichelle.com


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