Creative Counsel with Brittany Ratelle

Today, we are joined by my sweet friend Heather Fujikawa! We are so excited about the arrival of her little girl and reminiscing on our journeys as wives and mothers who are also busy in their careers!

Heather, my friend since college, started her company and entrepreneur journey as an interior designer in Los Angeles. She was drawn to the fashion and design industry and started a hair accessory business with her twin sister who was also in California at the time. It took off quickly, being in magazines and having a line at Nordstrom. You can see their work on Taylor Swift and Kelly Clarkson. They saw the trend starting in the early 2000s, noticing hair accessories were very popular and knew they could supply a growing demand.

They then jumped from that company to writing a book called Fairy Birds, teaching children to “shine bright and help others” she says. They sold through Scholastic and Costco, and credits her communications education in allowing her to have solid media attention and skills to sell her products to retailers.

“I was going through years of infertility and I gotta connect to kids somehow as I was waiting on these babies, it's kind of where the heart of the book came from.”

Heather's designs now are focused on finding the heart of people in her designs, and takes inspiration from organic environments. Watching her mother be a designer, she knew interior design is her passion and has spent time designing homes in Dalla, Texas since.

Quotes:

“There’s going to be a lot of no’s out there, but someone's bound to say yes, and you gotta keep going”

“There is a no from this person, but it does not mean it is a no on the whole project. It doesn’t have to be a deal killer.”

“Remember those punching bags as a kid, the inflatable ones with the sand at the bottom? It’s like that, you get knocked down but you get right back up over and over again”

“Instead of pushing and pulling in directions, lean in to what feels natural.”

“Make it big and bold”

“Throw fear out the window”

“You can give value; you can do anything”

“Have the desire to keep building; just move forward”

Takeaways-

1. Learn from the no’s- there are tips you can get from no’s. Ask how you can improve and change your problem points with your clients.
2. Be self-aware, and be willing to change and be taught. Humble yourself to ask “is this process working for me and my clients”
3. Move forward with faith and build- you should always be building up.
4. Heather and Heidi had to learn what was the right fit for her and their company, it is okay to say no, be told no, or learn when something is not a good fit.
5. The right fit will feel like you are being pulled to it, when she was being pitched shows by TV producers, she felt a strong desire to not be on TV until the right situation came forward.
6. Opportunities do not happen overnight, trust the process and have faith in it.
7. When the reality tv show started filming, they lived in chaos and had to work hard to find balance. Set ground rules with not only the people you work with but yourself. Boundaries are incredibly important to maintain a work-life balance and allow you to avoid burnout.
8. You will have to stand up for yourself- over and over again.
9. Lean into it- instead of pushing and pulling into directions, lean into what is naturally happening.
10. Communication is key- make sure your staff is matching your vision, attitude, and personality. They can then be trusted to do the heavy lifting so you can take on more projects.
11. See your own weaknesses- Your brand will be stronger when you see these things because it means you can keep improving. Self confront.
12. People first- Heather and Heidi were not only business partners but sisters. Finding that balance in working with someone you have a personal relationship with is key to succeeding in business ventures. While Heather admits she and Heidi get along incredibly well and don’t struggle in this area, she says the biggest way to keep things smooth is to put their personal relationship first over their business relationship. Love on the people, and people come first.
13. Don't apologize- don’t make yourself small. Take credit for your work, and don’t shrink your vision by talking your business down. When someone asks about your company, don't brush it off as “just a small website, etc”
14. Use actual legal counsel- the value of real experts makes your journey easier than online DIY legal services.
15. Three tips to starting a business-
    1. Start with the end in mind. Ask yourself “what could this be? What do I want it to be?”
    2. Throw fear out the window. Lean on others and their testimonies until you have your own and are confident in yourself.
    3. Write it down. Write down t...

Want to avoid the 7 biggest legal mistakes that physical product and eCommerce companies make? Attorney Brittany Ratelle walks through the most common mistakes that land modern product companies in legal hot water and how you can avoid these headaches as a small business owner.

Here are the top 7 mistakes:

1. No operating agreement or business “prenup”

Operating agreements, also known as founder or partnership agreements, define the roles and responsibilities of a business and are a private binding contract that outlines equity, exit planning, intellectual property ownership, non-compete obligations, manager roles and how decision-making will be handled in a business partnership. These agreements are sometimes dubbed as business “prenups” or prenuptial agreements because, without them, many businesses can end with ugly business divorces with multiple parties claiming they had a different understanding of the rights and responsibilities of the business, whether they are fighting over assets or liabilities. *Highly recommend when you start a business with friends or family!*

2. Failure to protect intellectual property

There are 4 main types of intellectual property with different tools to protect them: patents, trademarks, copyrights, and trade secrets. Intellectual property protection and boundaries can increase the value of a company and its brand, its products, and the way in which it solves problems for consumers. If you don’t protect your own intellectual property, you can get ripped off by other companies and if you don’t pay attention to your own practices, you can be at risk of infringing on someone else’s property by using intellectual property that doesn’t belong to you. If you have protected your own IP (intellectual property), you may be able to license it out and make additional revenue streams and grow your company into an empire. For physical product companies, the IP protection you want is:

Trademark: overall brand name, logo, slogan, and product name

Copyright: any surface pattern design, important product photos/audio/video

Patent: design or utility patents or both on the actual new and novel product

Trade secret: formulas, recipes, processes, methods, market research, vendor information, pricing/markup, customer data/email list

Sign up a for a consult with Brittany if you are ready to get your intellectual property protected

3. The website isn’t legally compliant

All websites need these documents to be legally compliant: privacy policy, website terms, copyright statement, and necessary disclosures/disclaimers. Get all of these in the website legal bundle. Also, make sure that your website is ADA-friendly with the current WCAG standards.

4. The product has safety/labeling/testing issues and liability

Physical products come into contact with real human beings and their environments, so by their very nature, they have bigger legal exposure. Make you are complying with any relevant CPSC, testing, and labeling standards, especially if you sell baby & children’s goods, toys, health and wellness products/supplements, and dangerous products.

5. No written contracts with vendors and/or manufacturers

Get your agreements in writing! A fairly drafted contract is nothing for either side to fear and can help outline expectations, resolve ambiguities, and set up a clear working relationship for both parties in a deal. Make sure to use written (and solid) contracts for your affiliate program, for wholesale, and for pop-up shops (whether you are the or the guest). You also might want a model release or event waiver if you do your own product photography with models or host events.

6. False advertising issues

Don’t lie. The Federal Trade Commission is in charge of protecting consumers and a big part of that is in policing the actions and the marketing of companies, especially around claims they make about their products. Be careful about statements regarding “Made in the USA”, any claims that your product cures any illness or disease. Remember that if you can’t back up or “substantiate” the claims you are making – don’t say them (and don’t let your affiliates, direct sales people or other individuals say them either as a “workaround.”)

7. Employee misclassification - your “contractors” should really be “employees”

If it looks like an employee and smells like an employee - that person is an employee (whether you call them that or the individual even wants to be classified as such). Make sure you are properly classifying your team members as either contractors (1099ers) or employees (W2) as there are significant state and federal penalties for misclassification and for failing to provide HR compliance such as payroll taxes, employee handbooks, unemployment insurance, workers compens...

Do you have a business built to last? Guest Michelle Gifford, business coach and content strategist shares what is working to move the needle on content marketing and how you shouldn't be putting all of your eggs in the Instagram basket. Learn about Reeles, email marketing, Pinterest, pretty and functional websites, and how everything should fit together in this juicy episode.

You will learn:

• what do you need to stop doing with your marketing
• what do you need to START doing
• why you can't just rely on one social media platform (like Instagram)
• what is working for small businesses
• is blogging dead, and if not -- how are you supposed to use it?

Make sure to check out Michelle's new amazing package -- the "Built to Last Business Bundle" and get $100 off (and a FREE website legal bundle) with code Brittany100 HERE

Check out Michelle's other offerings, including her lastest courses, online coaching group, and marketing agency services here

Listen below in the plug-in, or the find the podcast on iTunes, Overcast, Stitcher, Spotify, and on iHeartRadio.

FREE RESOURCES

Want a free LEGAL workbook to get your creative business legally legit? Download HERE and get access to my newsletter with tips and tricks for YOUR growing creative business.

Listen and subscribe to Creative Counsel on iTunes, Overcast, Stitcher, Spotify & iHeartRadio

Interested in working with Brittany for one-on-one legal services? Sign up for a free 15-min phone consult at brittanyratelle.com/services.

Want an attorney-drafted, industry-tested legal template for your business? Take a free quiz and find out exactly what you need for your creative business at creativecontracts.co.

Or browse through my quick tips and tricks by connecting on Instagram.

*Not legal advice. For informational purposes only. No attorney-client relationship.*

Ep. 64: Creating a Sustainable Career as an Indie Artist with Heidi Luerra, author of The Work of Art, Founder of RAW: Natural

Tune into this podcast interview with Heidi Luerra, master creative consultant and event planner. For more than 20 years, Heidi has worked with artists of all creative genres. Starting her own clothing line at a young age, she earned her business stripes the hard way. Over the past decade, Heidi has grown RAW to a worldwide operation in over 80 cities with over 200k artists in the RAW community. She has combined her decade of experience in helping support, critique and launch successful creatives of all types into her best-selling book, “The Work of Art: A No-Nonsense Field guide for Creative Entrepreneurs.

In this episode you will learn:

• How she went from a fashion school student to an accidental event producer
• How to prepare for business opportunities as an independent artist
• What creatives need to self-educate on, and what they’re already good at
• How to get over pitching yourself
• Heidi’s best tips for running a successful event (granted this was all pre-Covid!)
• What creative pitfalls to avoid and what to embrace as you journey along as a creative entrepreneur

“I don’t think we have a problem being creative...I think we need to self-educate on how to build sustainable businesses.”

“Creatives need to figure out exactly what they want.”

“No one can pitch you like you can pitch you.”

“You can start a business -- and that’s fantastic for a lot of things -- but we need more business education to come with it.”

“There isn’t an app for hard work.”

Links:

Heidi Luerra Site

The Work of Art Book

RAW: Natural Born Artists - Showcases returning in 2021

Hatch Planning & Strategy: Boutique Consultancy for creative entrepreneurs

FREE RESOURCES

Want my free LEGALLY LEGIT workbook to help get your creative business legit? Download HERE and also get access to my newsletter with tips and tricks for YOUR growing creative business.

Listen and subscribe to Creative Counsel on iTunes, Overcast, Stitcher, Spotify & iHeartRadio

Interested in working with Brittany for one-on-one legal services? Sign up for a 15-min consult at brittanyratelle.com/services.

Want an attorney-drafted, industry-tested legal template for your business? Take a free quiz and find out exactly what you need for your creative business at creativecontracts.co.

Or browse through my quick tips and tricks by connecting on Instagram.

*Not legal advice. For informational purposes only. No attorney-client relationship.*

Join me and seasoned entrepreneur Sara Urquhart as we share stories (good and bad) about business partnerships and give you the tips you need to make smart business partnership decisions. Sarah spells out the critical questions that you should ask yourself when you are deciding whether to go solo, bring on a partner, and how to navigate changing roles, expectations, and life events that can threaten successful business partnerships. If you are in a business partnership (or planning on being in one!) ESPECIALLY if you are going into business with friends, or family, don't miss this deep dive episode!

In this episode:

Why a lot of female founders think they "need" a business partner and how to overcome it

What you should look for in a good business partner

How to evaluate business partnership compatibility

How to use dynamic equity to make business partnerships more fair

How to structure more peaceful partnership check-ins

What intellectual property issues need to be addressed between business partners early in the "business marriage"

What's a "business prenup" and why do you need one

+++ more!

Links:

SaraU Productions

Sara's Instagram

Slicing Pie

E-Myth Revisited

Alt Summit

Shift Gathering

Creative Counsel Episode 45 - Business Partnerships 101

Operating Agreement Template - the business "prenup"

Make sure you’re legally legit with my free legal workbook!

Do you have the contracts you need in place? Take a free quiz and find out exactly what you need for your business at creativecontracts.co.

Listen and subscribe to Creative Counsel on iTunes, Overcast, Stitcher, Spotify, and iHeartRadio.

Or browse through my quick tips and tricks by connecting on Instagram.

Interested in working together for one-on-one legal services? Book some time on my calendar!

*Not legal advice. No attorney-client relationship. For informational purposes only.*