Ask MetaFilter posts tagged with contract

There is no sanity clause... but there is an indemnity one

cgs06 — Tue, 05 Aug 2008 06:50:52 -0800

"Hold harmless" vs. "indemnify" language in contracts? You are not my lawyer. However, I'm confused by a contract that has "hold harmless" language but no "indemnify" language: "A agrees to hold harmless B against any damages or losses [based upon a claim]."

I thought that "hold harmless" means that if party C sues A, A can not then turn around and sue B.

However, I'm hearing from a colleague that it's identical to an indemnity clause: if party C sues B, then A must pay B to make up for any losses.

Just wanting to iron out the distinction... I am not going to consider any answer formal legal advice.

Keitai no koto ga wakaranai!

doctorpiorno — Thu, 24 Jul 2008 20:07:18 -0800

Please help a fellow gaijin make sense of Softbank mobile phone plans. Well, seems like my stay in Japan is going to be longer than I had originally planned, so I'm getting ready to settle down a bit. As part of that process, I have decided to make the jump from my lousy, barely audible and expensive to run prepaid Softbank mobile to a proper contract phone. Which sounded like it shouldn't be too difficult until I actually tried. I've been trying to make sense of the system for two weeks and the tears still haven't stopped.

My requirements are as follows: I'd like to stay in Softbank, for convenience and because all my friends use it too. I'll be staying for less than two years, so I know they'll probably make me pay for the handset upfront. I'm OK with that, but I don't want to spend a fortune on a mobile phone unless I can easily unlock it for use in Europe.

I'm not terribly interested in an iPhone - too expensive, hard to find right now and potentially difficult to unlock when I go back. I would love to get myself a nice smartphone, but it seems like Softbank doesn't do unlocking even after you reach the end of your contract, and that kind of makes the purchase a lousy investment.

So, with all of the above in mind, I have a ton of questions:

- How easy is it to get out of a two-year contract with Softbank before it runs out, assuming you have already paid for your handset? Is there a penalty fee for early cancellation? Is it possible to put a contract "on hold" for a few months and resume it afterwards if you're temporarily leaving Japan but expect to come back soonish?

- Is there any way to unlock Japanese mobile phones, assuming I get a model that would actually work outside of Japan?

- Is it possible to purchase an unlocked multiband phone, such as a Nokia E71 from Expansys, and ask Softbank to provide service for it? Do they sell such things as SIM cards here, or something equivalent? If affirmative, would I be restricted to prepaid call and data rates or can I sign up for something like Softbank's White Plan?

- Failing that, is there any specific phone on Softbank that you'd recommend and which wouldn't be prohibitively expensive? I'm usually a capable gadget nerd, but Japanese specs sheets baffle me to no end. Right now, the 821sc seems to be both cheap and capable, but when compared to other models there just doesn't seem to be any correlation whatsoever between features and price.

- Am I missing out by staying on Softbank? Should I be paying more attention at what the other operators have on offer? It seems like Docomo and Au have made great progress in catering to the gaijin lately, so it's not looking as impossible to get a phone with them as it one was.

I know this is a ton of questions and some of them have been asked at some point in the past, but things move pretty fast in this country and my Japanese is nowhere near good enough to ask at an actual Softbank store. If my dear Hivemind can assist this prospective Japanese student in this time of need, I'd be eternally grateful.

Thanks in advance everyone!

Signing a contract over email?

bah213 — Wed, 23 Jul 2008 10:03:16 -0800

What is the accepted procedure for signing a contract that will be sent back as an email attachment (.doc)? I received a contract for renting out a hotel space (HS Prom, advice earlier solicited here) via email (MS Word attachment), and can return it via fax or email. Not having my own fax machine, email would be better...but how exactly do I go about signing it? I know that some businesspeople have .jpg's of their signatures, but I can only remember seeing them used in letters, not official contracts. I could see printing, signing, and scanning in the whole page again, but that would change it away from .doc, which sounds weird.

Basically, I want to get this done in a way that makes me look like I actually know what I'm doing, following proper legal and that's-the-way-people-do-it procedures. If it comes to it, I can print, sign, and fax from a copy shop, but keeping everything through email would be easiest.

I'm in New York (City and State) if that affects anything. Thanks!

Is this agreement legally binding?

OolooKitty — Fri, 11 Jul 2008 23:30:01 -0800

I am about to lease a horse, with a 6-month option to buy. I am leasing him through a trainer who is acting as a go-between to another trainer who is representing the owner. Does this seem convoluted to anybody else...? My trainer, who's not involved in the deal, is afraid that the lease might not be legal because we're going through so many layers to get to the owner. I feel that if the owner and I both sign the lease, this shouldn't be a problem. Am I wrong?

Another potential problem is that the trainer wants to list the horse's current asking price in the lease. If the lease says, for instance "asking price of $5,000", does that mean I'm bound to that price if I decide to buy? What if my trainer and I decide that the horse is only worth, say, $3000? Would it be better if the language said "asking price not to exceed $5,000" so that I would have some leeway?

I do not have a sharp legal mind. Any advice is appreciated.

Will shoot for money!

sixcolors — Thu, 03 Jul 2008 11:52:35 -0800

Tips for finding well-paying photography gigs? I started photography as a hobby in 2002. I've been taking a lot of pictures with my point-and-shoot digital and film SLR camera. I got a digital SLR last May. Since then, I've been taking tons of pictures, sometimes over a 100 a day. My confidence has been increasing, and I'm now interested in taking some paid photo gigs.

The problem is that I don't even know how to start. What kind of businesses should I contact? What kind of individuals should I contact? How? Email? Phone? Craigslist? Word of mouth?

How can my friend get the rights to sell mp3s?

racecar — Fri, 20 Jun 2008 22:41:47 -0800

Who can license music for download/sale? A friend came up with a wicked cool idea for selling music using the internet, but it can't be done through some affiliate mp3 link (like Amazon). We're just a couple of college guys, and we don't know any rockstars or label executives. Are there smaller labels out there who can sell us the rights to offer downloads of their music? Is there typically some money we have to pay up front when signing up to sell a band's music? Will I need a lawyer?

We just want to sell music in this cool, immersive context on the internet, and would be willing to give the label/artist a bigger cut than other people do, because we think we can make money on other things, and even take a loss on song sales. (That's what Apple does with iTunes right? To sell iPods?)

Do we need to sign contracts with our school friends who are pretty good musicians? Or is it just enough to have them send us their mp3s and we give them money. (tax rules?) We can't afford lawyers, and we probably wouldn't want to talk to them.

It'd be good to have hip hop, or other music that specifically teenagers would like, but it'd be even better to have a broad collection.

Googling yields ASCAP, Walmart and other companies that might not talk to little old me.

My parents say that an idea isn't enough, that we have to build the application.

We're free this summer and could probably build something for musicians and record labels to see.

Whatever we do, we want to do it legal, we don't want to be oink or allofmp3 and get shut down.

I know people can't give me official legal advice, but anything at this point is helpful. We thought about just calling the record labels main numbers, but that sounds like a waste of time.

What should I negotiate for the use of my song?

ludwig_van — Thu, 19 Jun 2008 21:56:03 -0800

What should I negotiate for the use of my song on a compilation? I have another licensing question. A (presumably small) Japanese record label wants to put one of my tracks on a compilation. They'll print 1000 copies at first which will be mostly distributed in Japan but some in the US. They will also sell the compilation on iTunes. They said the license is non-exclusive, the territory is world-wide, and they offered me 5 free samples and $150.

I thought that sounded pretty good, but I was thinking I should stipulate that this license is only for the 1000-copy run and we'd have to re-negotiate if they did another run, and that I should get a percentage of the iTunes sales. But then I was thinking maybe I should say no to the iTunes part together, since I already sell the song on iTunes myself, and why would I want them selling the same track there?

Does that make sense? Is there anything else I'm not thinking of?

Can my employer enforce a contract I don't have?

Anonymous — Wed, 14 May 2008 18:07:39 -0800

My current employer hasn't provided me with a contract, despite promising to on several occasions. I'm fine with this. I actually *don't want* a contract. I know that you are not a lawyer, and that you are not my lawyer. I am not asking for legal advice, but either some help searching, or a link to the correct section on the UK Govt. website.

My question is this - since I have no contract, are either myself or my employer legally (not morally) bound to give the other the "standard" 1 weeks notice of termination of employment?

Possibly pertinent information: I've been employed with this company for less than a year, in the UK. It's not a "cash in hand" job - I'm on the payroll, get taxed, etc.

---------

If you're thinking of telling me that walking out would be a bad idea, please read the following paragraph. If not, I thank you for any help you are able to give me.

I know that leaving unannounced would be a bad idea, would burn bridges, blah blah blah. I am well aware of the potential repercussions of leaving at a moments notice. Your thoughts on whether this is a good idea or not are unwelcome.

My landlord is a slime bucket and I need to break my lease. What kind of repercussions might I face?

Sloop John B — Wed, 14 May 2008 09:28:31 -0800

My landlord is a slime bucket and I need to break my lease. What kind of repercussions might I face? Over the last year and a half, I've had some problems with my landlord. Leaky roofs, heat and hot water that randomly stop working, mice, roaches, and, most recently, bedbugs. Although it turned out that we didn't have a full-on infestation, the landlord has refused to have the whole building inspected, and I don't trust him to stay on top of the problem. In short, I want to break my lease and leave the apartment. I have a feeling that he'll let me out of the lease, but his security deposit policy is a bit whacked out. His policy is to release the security deposit a full 30 days after you move out. Plus, in order to break my lease, he may try to get me to sign something that would allow him to take my deposit. Basically, he's a slimy, slimy man, and I don't trust him to actually give me my deposit back. What I want to do is move the hell out and tell him to keep my security deposit in lieu of last month's rent. If I do this, what can he do to me? Can he mess up my credit? Can he sue me? Would he sue me? Do I have any recourse, other than spending lots of money on a lawyer?

Thanks for the help.

Can you recommend a literary agent or attorney?

Anonymous — Tue, 13 May 2008 16:40:41 -0800

Can you recommend a literary agent or attorney? I'm in the US. Someone at a big-name talent agency is interested in one of my books, and I own the TV and film rights. I don't want to handle the discussion myself. Can you recommend an agent or attorney to help me, starting immediately? If they know how to use their e-mail, that would be especially good.

Invoice? Receipt? Help me bill my client properly.

Null Pointer and the Exceptions — Tue, 06 May 2008 17:14:07 -0800

I offered a client a preferred rate for a block of hours and they agreed, so I sent an invoice. Things went great and now they want more, how do I arrange this on paper? Here's the short and simple:
- A client asked me if they could get a preferred hourly rate if they booked a certain number of hours at a time (40 hours)
- I gave them a rate, they accepted, so I sent them an invoice for 40 hours
- They have now used used up those 40 hours, so what do I send the client?

Do I send them a receipt detailing how the hours were spent? Do I resend them the original invoice, or maybe create a new one? Collection is not the issue as they are paying on time. I just want to make clear that the 40 hrs have been spent, how they were spent, and provide whatever is necessary so they can start using the next block of 40 hours.

I'm new to this so any suggestions are appreciated. Oh, this is software dev related if it matters at all.

Selling surplus stock

Anonymous — Tue, 06 May 2008 07:10:26 -0800

How can I sell surplus stock in North America? We have a load of surplus stock, mainly contractor tools and equipment for the service industry. What methods could be used to sell online or are there companies who could take on the task of selling and shipping the stock online where they take their cut and we take ours? Using something like ebay is not really an option as it is too labour intensive for us. There may also be issues regarding our involvement becoming aware by our wholesalers as some of the sales would bypass them and go straight to end-users who are traditionally their customers.

Should I send them the manuscript?

arnicae — Sun, 13 Apr 2008 09:08:48 -0800

An agent is interested in my book but says that they only have an "optional" contract- authors can sign it or not, given their preference. Should I give them my book? Last fall I sold a piece to one of NPR's national programs and got some follow-up interest. I did a few tv and radio interviews and got a few calls from book agents, interested in knowing if I wanted to write a book. I liked one of them- she was friendly and supportive and alright with me having other priorities on my time. She works for a small, recently founded literary house and sent me books similar to my proposed book whose sale they had managed.

She has been very supportive as I've written the book and has already critiqued (helpfully) the first half. I recently finished the book and they said that they're going to an international book fair this week and think they can sell the ms- they've got momentum from several recent sales.

I asked about a contract and they sent me a form letter via email that hadn't been personalized for me- in the header it said [author name and address] and the salutation read: Dear [author]:

It is intended to be signed by *me* should I choose- nowhere in it is the literary agent supposed to sign, and it deals with my responsibilities to the agency- if they sell the book, they get 15%.

Still, I don't have anything with *their* signature with their responsibilities to me, and I have to admit, I'm a little concerned about intellectual property and such. I'm not sure if I'm worried about nothing, but as a long-time writer with my first opportunity to become an author, I'm a little anxious.

Am I worried about nothing? Is this typical? And is there anyway to safeguard my book? I've heard of printing it out and mailing it to myself and storing it sealed, but I've also heard that that is total bunk.

Any advice from authors or literary agents out there? If it matters, I'm in California, the agency is in New York.

Is my apartment complex lying?

yellowbkpk — Thu, 10 Apr 2008 17:40:55 -0800

How come our apartment complex says they don't know when apartments will be available? Our lease is coming to a close in June and the apartment complex we're in says that they can't tell us if there will be apartments available until May.

Why don't they know? They know when all of the units' contracts are up. They require us to give a 60 day notice of vacancy (so they know if a unit will be renewing or not).

Where is the leaky faucet that would prevent them from knowing the status of their rooms? I would ask if this practice is prevalent, but the other 3 apartment complexes we talked to while looking for our next residence all said that they wouldn't know until May, either.

It seems that they would only stand to benefit by giving this information out.

How would a contractor paid a weekly rate by Company X make ownership distinctions between works created for X and works for others?

weston — Tue, 08 Apr 2008 11:19:30 -0800

I've been offered a new contract/consulting job where I would be paid not by the hour or for a specific deliverable, but at a flat weekly rate. Under this arrangement, how might I make intellectual property distinctions between works that will belong to this client, and outside works I may do for myself or others? This is a new situation for me. Every time I've done contract work before, the arrangement has been either:

(1) We want you to produce a deliverable, and we will give you $N for producing it. When you deliver and we pay you, we have <insert agreed rights here> to the deliverable.
(2) We will pay you $H per hour for time you spend working on things for us. Work produced on time you bill to us is owned by us as a work-for-hire unless otherwise agreed.

Under either arrangement, it's easy to make distinctions between ownership of work done for multiple clients. Under this new-to-me weekly-rate potential arrangement with Company X, there are no specific deliverables defined yet, just an expectation of minimum availability for work, and there's no billing by time, so I'm not sure how to handle this specific point.

Company X is in New York, and the agreement they have sent me appears to assign them all rights to my works which "in whole or in part, concern or relate to or are useful in the Company Business" if they're created during the term of the agreement.

Since some of the other projects I work on are potentially related to or useful in any web development project, and since a web application development is what I'll be doing for Company X, it seems to me there's a significant overlapping scope problem here. I'm trying to explore what else to propose that strikes a good faith balance between my interests and theirs.

Note: I realize you may not be a lawyer, and that if you are, you are not my lawyer, and that I am most likely to get the best possible answers to my question by taking it to a lawyer versed in New York employment and creative property law. So I welcome specific recommendations of such lawyers as one type of possible answer to my question.

However, I figure it's also possible there's a few common solutions, or there may be some readers here who've negotiated situations like this before and have come up with agreeable solutions, and I'd love to hear from anybody who feels they have some knowledge to contribute here.

This could be my first break as a web contractor!

Null Pointer and the Exceptions — Mon, 31 Mar 2008 10:31:27 -0800

Help me land my first web dev contract! My background:
I've been doing internet applications and CMS related work, both as a back end programmer and front end integrator for the past six years until two weeks ago when I followed my wife to a new city where she has just been hired. I've been doing some Wordpress customization for a friend while looking for local employment.

The opportunity:
A friend has told me that one of his friends in a small industry needs a bunch of work done integrating about 50 pages into a CMS, consolidating layout and general CSS work. I've got the skills they need and the work, budget and time estimate they have provided all seem reasonable (for the time being as I haven't gotten an exact detail of the work required just yet).

My problem:
I've got plenty of experience doing the work that they want, but I have no real portfolio, and all the work I've done before has been for internal web applications or private commercial web applications which I no longer have access to. I've also never tendered an offer for a contract before and would like any general advice.

The ~~two~~ three questions:
1. Given the above info, how do I convince them that I am the man for their contract work?
2. What sort of things should I be asking or proposing in my initial email tendering my offer? I know their budget, I know their time estimate, and maybe a bit more, if that helps.
3. Is it crazy to offer a certain number of hours for corrections free of charge?

How can I protect myself in international business deals?

lukeklein — Thu, 27 Mar 2008 12:16:05 -0800

Will the Korean doctor rob me blind?? Here's the long and short of it... my father is the doctor that pioneered tumescent liposuction. he teaches his techniques to other doctors on a regular basis and manufactures the tools and equipment involved with the procedure. Recently, a doctor from Korea, I'll call him Dr. Lee, took my father's course and liked it so much that he expressed an interest in teaching the course in Korea and to sell my fathers products in his courses. My father is very interested, but feels concerned that he must submit all of his technical files to Dr. Lee so that he can submit them in an application to the Korean FDA for approval. He will be distributing them through his company.

What should I/my father do? What risks can I avoid and what haven't I thought of? What recourse would I have if we were double-crossed?

If anyone can think of a solution and/or talk me down from committing a heinous mistake, I would be eternally grateful.

Thanks a million,

--Luke

I want to double-dip, for the same company.

pineapple — Wed, 26 Mar 2008 09:30:23 -0800

Can I be a contracted consultant for the same organization that already employs me full-time? I work for the incorporated American subsidiary of an EU-owned Ltd. There is an opportunity for me to do about six months' part-time consulting work on a project for the Ltd. The work would have almost nothing to do with my stack for the Inc. side.

For various financial and business reasons, I would prefer that the consulting gig be wholly separate from the day job. My accountant says there's no real tax issue, as long as I plan to declare the additional income and am prepared for the big chunk that will go out of the consulting pay as SE tax. Fine.

But I'm thinking more about the legal and logistical issues, and what I should make sure gets put in a contract. Or any EU/UK work laws about which I might not be aware, that would make this an unattractive option for my company (I know they'd rather I just did the Ltd. work for free, or that they paid me a bit of extra compensation via Inc. instead of the fair market value of the consulting, so their eye will be toward finding reasons not to go this route). I checked my own work agreement and all it states is that I can't moonlight for third parties.

I know you're not a lawyer, and if you are you're not my lawyer, so don't worry about that (although all IAAL advice is welcomed!). Although it should probably be said that I don't intend to retain my own separate employment attorney for this, since the consulting gig isn't lucrative enough to justify the expense, IMO.

There's plenty in the AskMe archives about making the switch from full-time employee to independent contractor, or vice versa, but not much about how to be both simultaneously (other than this one which is mostly focused on the tax issues.). Thoughts?

Work for myself, or the man?

splatta — Wed, 12 Mar 2008 10:37:50 -0800

Should I go back to work for the huge corporation, or stick it out and try and work for myself? Back in December of 2007 I was laid off from a large corporation. I was given a pretty good severance, and left on good terms. At the time I was very excited to start a consulting business of one, and get to work. However, one of the terms of the severance was that I can not contract work for The Company for six months (which will be this May).

I've found that finding work in my field that's not for The Company has been difficult. I've been doing a lot of talking, but not a lot of billing. Lots of con-calls, and meetings that promise something will happen, but seem to stagnate.

Since the separation I have been called by a couple of contacts who still work for The Company letting me know that I have a few positions to choose from if I want to come back. I told them that I'd like to explore what it's like out here, and that I'd get back to them by summer. I've also been getting a few calls from other contacts asking if I could do contract work, but I've been forced to tell them I can't until May.

Some things about me: I'm very good at my job, and my skill-set is not very common. I am a Unix systems storage specialist with a focus on high-performance next-gen filesystems, and disaster recovery. This means I can bill a good amount of money per hour. I live in Philadelphia, which seems to be a good location near NYC, NJ, and Delaware. I'm bad with paperwork, if something doesn't interest me, it gets put on the back burner. I'm not a manager, and do not know much about, nor do I care much about running a business. I have excellent inter-personal communication skills, and can be very charming in person. I bought a house last year, and have a mortgage with my long-term girlfriend. I am 28. I do not have a college degree, which has never seemed to be an issue in this job market. I'm finding that I'm more anxious about work now that I'm on my own than I ever was at The Company. I get very nervous that I'll mess up, or not be able to deliver.

Now I'm at this crossroad, trying to figure out my life from here on out, with the economy moving down, and my house payments not going anywhere...

Options:

1) I can continue trying to get work on my own, and in May this might ramp back up when I'm allowed to do contract work for The Company. Deal with the minutiae of running a business, and sink or swim. Possibly make more money than I ever did working for The Man, and feel really good about being self-made.

2) Go back to The Company and be very comfortable; receive a nice regular paycheck, 401k matching, stock options, bonuses and paid vacation, but always wonder if I could have done better on my own.

3) Some unknown option where the business stuff is all taken care of for me, and all I have to do is concentrate on getting work, and completing jobs.

It would be extremely helpful if anyone who's been here could help me out with advice, or tips?

Comcast Arbitration Agreement by Customer Inaction

East Manitoba Regional Junior Kabaddi Champion '94 — Tue, 11 Mar 2008 07:58:32 -0800

Hidden among various other breathtakingly evil clauses, part 13 of the Comcast Agreement for Residential Services says that if the customer doesn't opt out within 30 days of receiving the dense legalese, he gives up the right to sue Comcast in a public court. But (in clause 15g), Comcast maintains the right to sue the user any time they like. Is this stuff enforceable? YMOMNBAL

Can I cancel my iphone contract due to AT&T's wiretapping?

lukeomalley — Fri, 07 Mar 2008 10:57:46 -0800

Is there a way for me to cancel my iPhone contract because of the fact that AT&T has been wiretapping customers? Basically, the monthly fees are a bit too much for me right now and I was thinking about downgrading. Can I cancel my contract with no fees because of their behavior? It seems to me that this should be legally possible.

BTW, I bought it within the first month that they were released.

Speeding Up the Sullivan Co. Real Estate Closing Glacier

LGCNo6 — Sun, 17 Feb 2008 19:08:49 -0800

Buying a house in Sullivan County, New York. Need your best recommendations for people to work with (lawyers, title folks, inspectors)... The sellers accepted my offer tonight, so that part is done. I have a good real estate agent who has some (not tons though) of recommendations for people in Sullivan County (and/or the Port Jervis area) that we can work with on moving towards closing. (And yes, I've got a buyer's agreement with the real estate agent, so please don't offer names of real estate agents--it is too late for that.)

However, in this state and county, things often move super slowly because of arcane contract rules, so I want to hear if The Green has any good recs or pointers on the best people in the area to make this all go smoothly and quickly. I'm not a first-time homebuyer, but I have never bought in Sullivan Co. .

How do I get someone to give me money?

suedehead — Wed, 06 Feb 2008 12:11:31 -0800

How do I get someone to give me money? Someone owes me $800. After much wrangling and talking, we finally agreed that the person would pay me back $20 a month, without interest.

Problem: I might move, and so may not be in the person's state next year. What's the best way to create an agreement and to document it, so that if she stops paying me for some reason, I have clear, documented evidence (that will hold up in court) of how much she did pay me, and how much she still owes me?

Will bank checks suffice as evidence? Is there any way to get a third party? I do plan to create a written contract/agreement, but are there any things I should watch out for?

Dish Network DVR no more?

Dec One — Thu, 31 Jan 2008 19:43:08 -0800

I scheduled Dish Network to come to my house and install a new HD DVR this coming Monday. And then I read this... I've been a Dish Network customer with a standard DVR for three years. I just got an HDTV and scheduled the HD DVR installation for Monday. (Yes, the day after the Super Bowl. I should've called sooner.) In order to get the DVR and HD package for free, I had to make an 18-month commitment. In the news today, TiVo won a lawsuit that will force Dish Network either to fork over a buttload of money or to shut down all their customers' DVRs. What should I do? If I go ahead with the installation, and my DVR is shut down, can I get out of the contract? I don't have the fine print of the agreement because I agreed to it over the phone, but I doubt it had a provision for the company losing its right to provide DVR service.

I really like the package I have with Dish; DirecTV and cable don't have similar packages for similar prices. But I absolutely must have DVR, and can't be locked into a contract with no DVR.

I signed a contract in Spanish!

Anonymous — Thu, 17 Jan 2008 21:21:39 -0800

Am I bound by the terms of a contract that I signed if that contract was written in Spanish? I'm in California and a native English speaker. It's embarrassing to admit, but I didn't read all of my car lease paperwork, and it turns out that the contract itself is written entirely in Spanish. I was in a hurry, and signed on the dotted line without more than a quick check that the payment schedule and buyout amount matched what was negotiated. Now it's time to return the car, and I'm just reading for the first time what I signed.

I believe that the car dealer acted in good faith and simply put the wrong form into the printer (all of the other paperwork is in English). I'm not trying to get out of anything, exactly. I'm more curious about what kind of negotiation power I have if they try charge me for excess wear on the car. E.g. "Those scratches are very minor. I'll do what it says under the 'Responsabilidad por terminacion convenida' and let's call it even."

As I said, this is in California. I know you're not my lawyer, and I should consult with one if it gets to that. To emphasize - I don't speak Spanish and would not be mistaken for someone who does (by name, appearance or accent). I believe it was an honest mistake.

For extra credit: My obligations are in the fine print on the back side of the form. Presumably it says somewhere on the front that the terms are continued on the back, but I don't see that text anywhere and I signed on the front without ever turning it over (obviously). Does this change anything?