The Secondary Ticket Market

Secondary ticketing, the practice many favor to call ticket scalping, is hardly new.

According to Sandeep Kumar Aggarwal; SKA Management CEO and Founder, says "the ticket resale was already profitable in the Roman Empire and tickets were regularly resold or bartered for a better view of the emperor". These days, 2000 years later, the secondary ticket market is valued at nearly $4 billion annually. Miss-tickets has now devised a way to tap the market and take on its biggest champion, Stub-hub. Sandeep Kumar Aggarwal believes his companies, Miss-tickets and VIP Broadway will in the ranks and in the future surpass.

This past couple of year Miss-tickets and VIP Broadway began initially starting with only a handful of shows, and early adopters like Black Sabbath, has now been used for over three hundred events. Two-dozen professional sports teams have signed up, including NFL teams.

Miss-tickets & VIP Broadway

Missed tickets and VIP Broadway concert industry have long been at odds with secondary ticketing. At the first sale of tickets, the money paid goes towards the artist, the promoter; ticket fees go towards the ticketing company. When tickets are resold on websites such as VIP Broadway, the prices are marked up with the bulk of the profit going to whoever is selling the ticket. In many cases the person reselling the ticket has bought batches of prime tickets with the intent to make a profit.

This makes it harder for real fans to get the tickets that they want at the price intended for them. In short, when scalpers make money it is not good for the industry.

Miss-tickets and VIP Broadway have a checkered past. VIP Broadway and Miss-tickets are currently one of the biggest secondary ticket market players with over 25% market share. Missed tickets has the exclusive right to sell tickets to the general public for most of its events.

The Miss-tickets and VIP Broadway Touch

To fight the threat of Stub-hub and the secondary ticket market, Miss-tickets started pushing paperless ticketing in 2012. Paperless tickets aren't meant to be exchanged outside of Stub-hub's site and require the customer's credit card or cell phone for admission. This hurt brokers trying to resell large amounts of tickets. For instance, between a New York Bruce Springsteen show that used traditional ticketing and a New Jersey paperless ticketing show on the same tour, Stub-hub listed 60% less tickets at the New Jersey show. 

The conflict between the companies will likely escalate as a result of Miss-ticket's open competition. Miss-tickets and Stub-hub services are similar in several ways.
 

Missed tickets does have certain factors that are unique to Stub-hub. First, tickets will not be able to be sold for less than face value on Missed tickets, Ticket brokers worry that Ticketmaster will have an unprecedented control over pricing in the live events industry.

Also, Miss-tickets will allow customers to see the price of tickets being resold next to the face value price. This way, customers will be aware of the price difference, the exact seat position, and whether there are also unsold tickets in the same areas-all features that are not available on Stub-hub.

Miss-tickets will soon also make it possible to resell paperless tickets. This would make a big difference for ticket brokers that had trouble selling Stub-hub's paperless tickets. Additionally, Miss-tickets can verify the tickets being resold on its website, effectively taking the risk out of customers looking to buy resold tickets.

Comfortable Working Table and Operator Chair

The type of chair and table that is specifically created with features that provide the best comfort. It is intended for people who spend most of their times glued to their working table. Also referred to as Ergonomic Chair, this office chair provides the users the utmost convenience while going through with their daily tasks in front of papers and computer. Contrary to what most people believe, sitting the entire day is not relaxing and healthy at all. Sitting for a long period of time brings more stress to the back because it carries the complete mass of the upper body down to the buttocks and upper legs. Sitting the whole time also pools the blood in the leg and feet which cause the slothful flow of blood back to the heart.

Given those negative consequences, operator chair is necessary to counteract the possible problems sitting all day may cause. The reason why it is also called Ergonomic chair is because it considers the capabilities and limitations of the workers, and thus it is designed to address those concerns. An operator chair is provided to fit the working environment, specifically the workers, and not the other way around.

An operator chair speaks of comfort and convenience; for how can a worker function at his finest when he's not feeling at ease with his working station. This type of chair features adjust-ability. You can adjust the seat height to fit it to your height and to the desk that you're working on. Next is the backrest, which is among the most important considerations when choosing an operator chair. 

The back always ends up the most stressed and pained after an entire day of working. With an ergonomic chair to sit on, you can adjust the backrest either in the frontward or backward direction until you find the most comfortable position for your back to rest on. When the back is stressed it increases the pressure on the inter-vertebral discs which often leads to very serious spinal disk problems. 

Ergonomic chairs also feature an arm rest wherein you can rest your arm to make the shoulders and upper back comfortable. It also considers the mobility that most workplaces require therefore the operator chair is built with casters or wheels. It allows the user to turn around easily or to reach out for something without having to push back the chair to stand up so easy.

What's Your Professional Life

So what's your professional life? Does it truly present who you are and what you do professionally? I happen to believe that an over stated title can do you more harm than good. It might get you noticed but once discovered can sink you if it's deemed as fluff. The first thought that comes to mind is if they over state who they are what else are they over stating?

The term "Blow Hard" comes to mind.

For those of us who remember 30 years ago, a CEO was the head of a large corporation. How did CEO creep it's way to a solo entrepreneur ? A General Manager is now possibly a COO. A CFO used to be called an Accountant or Treasurer. "C" stands for chief. My suggestion is if your going to use it, make sure it represents just that.

Perhaps all this title up-sizing began with the boom in the Internet. A well done website can make a small company look like they are captains of industry. The truth of the matter may show they have two or three employees who go to work in their pajamas. This does not mean they are not good at what they do. I believe the deception lies in what isn't said. This leads me to think they are a small company masquerading as a big business. The same I believe can be said for your business title.

I want to bring to point the best LinkedIn profiles are those that do not use your actual business title. These LinkedIn job titles speak to what they do. Mine happens to say, " Customer Experience Expert." That's not what on my business card but it does speak to what I do. Be clear about who you are and want you want to project.

For all you folks trying to be unique "Founder" does not do it for me either. If your business is a one person show that has brought nothing new to the business community drop it. Perhaps you can use " CEO and Founder" once you have a track record of success and your have been really innovative in delivering new concepts to the business community.

Over stated business titles are just fluff. Be honest with yourself first. Reality finds it way to the front no matter what you do. I personally don't have a lot of time for folks who don't understand the power of humility. Big telnet lead to big expectations. You better be able to deliver.

The Concept of Money and Live In Peace

Discovery of Money:

The first discovery which changed man's life and directed him to a better civilization was 'fire'. Then came the discovery of wheel. Fire changed his food system and wheel improved his transportation tremendously. Then man discovered hundreds and hundreds of machines to improve his lifestyle. He learn to fly like a bird by inventing aero planes, to swim like fish by inventing boats, ships and submarines. He invented radio, television and above all Computers, the modern age miracle. But his discovery of money, rather the monetary system is the greatest evil to the society because the entire human society is corrupt by greed of money.

How did the entire system start?

Man is a selfish animal. He wants to keep everything which comes on his way under his possession. The land on which he lives is his, he alone has the right to use water, plants, animals etc. Thus the process of ownership started from early stages of evolution itself. If others wanted a lawful share on his belongings, they had to part with some of their belongings in return.

As civilization developed, man started living in societies. Each society had its own leader. The leaders then became kings having enormous powers with respect to the area under their rule. People had to pay some charge for whatever they utilized like water, food grains etc. Initial transactions were only through exchange of articles known as Barter. In due course, barter exchange was found tedious and cumbersome and hence a 'token' was introduced for exchange of articles. These tokens were modified as Leather strips with king's seal having universal acceptance inside the kingdom. Gradually the leather strips were converted as metal coins with king's 'muhar' or 'rupa', both meaning a replica of face. This is the origin of the words Muhar or Rupees to identify money. In modern days paper currency has replaced all other coins and each country has its own currency. Gold, the only equivalent of money is kept as a reserve by various countries. In countries like India alone, gold is still powerful and more valuable than cash. But its value is so high that nothing could replace the value, the paper currency is occupying in day to day life.

This is the story of money, cash or paper currency.

The influence of money on human kind:

From the above it will be clear that selfishness is the motivating force behind money. On one hand civilization develops and there is a tremendous advancement of Science and Technology and on the other, the selfishness and the greed for money crossed all the boundaries and nowadays money is everything for man. In the past, money was a via media between various business transactions. But now the situation has changed that it is the prime concern for any action of man.

Quoting Indian conditions, starting from birth of a child, medical facilities are available only for the affluent. Healthy foods are also available for them. Regarding school and college admissions, they are converted as pure business. Getting a job, a bride etc all are revolving around monetary considerations. When a person becomes sick, unless he is rich, he won't get necessary medical treatments. Even after death, his burial or cremation demands huge bribe. There is a proverb in Tamil which states that ' A living person, if he does not have money, is equivalent to a dead corpse'. But even the dead corpse requires money for its funeral. Another proverb is ' if you offer to pay currency, even the corpse will wake up and sit down". Even parents do not get the respects form their children. In India, there is a mushroom growth of senior citizens' homes which are taking care of the abandoned parents, that too against financial payments. The treatment differs person to person depending on the amount paid by the wards who admit them.

A funny situation may be quoted here. There is a very great pilgrim center for Hindus in South India, almost like VATICAN to Christians. People offer their hair by having complete shave of head, known as Mundan or Mottai. If a good amount is paid, there will be a nice and smooth shave. There are so many poor pilgrims who can not afford to pay. Government has ordered free shave to all, but those who can not afford to pay can have partial shave only, with some hair left and with wounds on the head caused by rough handling of razors. If a person is able to pay thousands of rupees, he can have quick Darshan of Lord, if he can't offer money he will be handled very roughly and to have a glimpse of the Lord, he has to wait for hours. Influence of money has entered even in Sanctum Sanctum.

Now we shall see how real values are lost for considerations concerning money:

There is no real affection nor attachment among family members. People are not taken care by their children when they attain old age. Sometimes parents and siblings are murdered for gain.

It seems LOVE has also lost its real value. A girl prefers an affluent to a person who cannot afford to spend. This aspect has also given place to acid throws and murders.

Getting a good job depends on the money spent as bribe. For any work to be completed one has to part with money as bribe. The author does not know about other countries. In India, corruption is rampant. It is a sorry state of affairs that India which is the religious capital and the largest Democracy of the world is a bad example in corruption and bribery.

Education is costly. Even for LKG admission people have to spend in lakhs. For medical admissions one has to part with at least 5 million. The medical graduate, after graduation, tries to bill heavily and people have to sell their properties to settle the bills,provided they come back alive from hospitals.

Huge money is spent by candidates on elections. Once elected, the winners resort to all type of money collection methods. Even awards and other recognitions for real talents are purchased by spending money.

Thus one can see the evil influence of money has spread in all the fields thus corrupting the entire human value. Now, we are at a crucial stage to stop further spread of evil influence and bring back the lost values. In fact, India which gave four Vedas and Bhagavath Githa to the world is to start this exercise.

How to end influence of money and bring back values?

From the above paragraphs, it is clear that selfishness and craze for ownership is the primary reason for money, holding the prime position in man's life. Money instead of being a via media or a reference object has occupied the prime position pushing all the values behind. One is reminded of the monkey which assured to divide the sweet cake between two cats and finally eating the entire cake. Now money has eaten or corrupted all the human minds.

The primary need to fulfill in reducing the influence of money is to reduce 'selfishness'. The feeling of 'possessiveness' is to be totally annihilated. Claiming everything one comes across as 'my own' is to be stopped. This can be done by reducing the desires. Yes! One cannot annihilate totally the desires as Buddha told. But it is possible to reduce desires.

Reduce desires. Practice sacrificing dear things. Try to have empathy. Help others by reducing your own comforts. Try to live a simple life.

These five steps will automatically bring the influence of money under control.

Role of Governments: We need not expect Government to exercise control over expenditure. Instead, we should elect such a Government which will stand as a testimony for simple expenditure. Especially, in a democratic country like India people should not be carried away by pomp and show, but elect simple leaders who show austerity in their day to day living.

Is it happening? Unfortunately the answer is a firm 'no'. People are carried by empty promises and elect leaders who empty the exchequer for personal ends.

What is needed today is leaders like Mahatma Gandhi who toured the entire world and had the courage to meet the British queen with a loin cloth on his lap. One need not be a replica of Gandhi, but may follow at least some of the principles which he followed in his life. Mahatma Gandhi's life and teachings are the best emulations to an austere and simple life.

Let me conclude the article with the sayings of not a much well known South Indian Saint preaching a medium approach in every aspect of life to his disciples:

Be kind, but don' be a slave.

Show pity, but don't get conned.

Donate liberally, but don't lose everything and become a beggar,

be thrifty, but don't be stingy.

Be active, but don't be hurried.

Be patient, but don't be a dunce.

Be chivalrous, but don't be a rogue.

Be a family man, but don't be sex hungry.

Have detachment, but don't become a Saint.

Love Good people, but don't hate evil people.

The above sayings applied mutatis mutandis to monetary considerations will solve most of the evils of the world and bring back human values which are lost.

Dr Sathyanarayanan Bhimarao is a Scientist turned Philosopher. He is aged 67 and is a visiting Professor of Physics with Sri Sankara Arts and Science College, Kanchipuram, affiliated to Madras University. He is a Master of Physics in Spectroscopy and an expert in Theory of Relativity, Quantum Mechanics and Nuclear Physics. He is doing research in 'Spectroscopic applications of HIV/AIDS research with special reference to TB affected AIDS patients'. The other face of him is, he is a renowned Philosopher well known in Theosophical Society. 

By virtue of his deep knowledge of Theory of Relativity and quantum Mechanics, he is able to propound a theory, known as 'Holistic Philosophy' combining Science and Philosophy. His book ' Glimpses of Holistic Philosophy' has been received well and completely sold out. His next book, 'World Philosophy' is under print. In this series of articles, he is presenting some of the philosophical ideas and principles in a simple and lucid manner for the benefit of those who are interested in Philosophy based on Science. Holistic Philosophy is a new concept designed by him and HOLISTIC PHILOSOPHY SOCIETY is committed to spread the message contained in the Holistic Nature of his teachings.

Change Management Before Implementing

Not everyone would readily embrace it. We shall try to understand how you would implement or manage change within your business organization so that you can get what you wish to achieve out of the change.

But first, managing this is about thoughtfully planning and sensitively implementing and consulting with all the parties involved or affected by the supposed change. Only when you do this then you shall have successfully managed change. Change has to be realistic and achievable and measurable too so as to be successfully implemented.

Facts About Change Management

The first thing you must keep in mind before you implement change in your business is that you need to understand what you would want to achieve with the management. This has to be clear because only then you will be able to plan for the implementation. Again, you can only monitor management when you know what it should bring about or the expected results. So, this is a key step in implementing change.

The second aspect of management in as far as change is concerned is that you also ought to figure out why and how you will get to know that the change you were trying to implement has actually been achieved. This is critical because change must have a goal. Management must be achievable. As such, you must have strategies in place to help you assess your progress so that at the end of the day you can tell whether you have achieved or not.

It is equally important that you get to know who is involved in the process of change. As already indicated, change management is about involving the people who are affected with the change or in the change. You will need to know who is affected and how they react to the change so that you can quickly and effectively formulate strategies of handling the situation.

A Few Do's and Don'ts

One of the things that you must never do when trying to effect change in your business organization is that you must never sell change to anyone for the sake of accelerating an agreement or implementing an agreement. This way, the change is likely to have adverse effects.

You should ensure that the change is understood and managed in a way that the people involved are able to effectively cope with the change.

Finally, you must ensure that everyone who is involved in the change is aware of the change and agrees to the effects. Change is not to be imposed but should be freely embraced by the people. If you create a need for change among them, they will see the value of the change and support its implementation.

You Staying Hydrated On The Road

It is important to realize that dehydration can cause serious health issues over both the short and long term. It is also important to realize that not all liquids actually hydrate your body in the same ways and some can actually lead to an increased risk of dehydration.

Symptoms of Dehydration

In addition to health issues, which will be discussed later, people that are dehydrated also have various issues that can impact your ability to be a safe, effective driver. One of the key symptoms of dehydration is increasing drowsiness and fatigue, both issues that are problematic when you are driving professionally.

Other symptoms of dehydration include:
• Dry mouth
• Excessive thirst that may come and go
• Chronic types of acute or low grade headaches
• Stiffness and cramping of the muscles
• Confusion and disorientation
• Dizziness, feeling lightheaded
• Difficulty urinating or strong urine
• Chronic lower back pain (kidney area) as well as chronic urinary tract infections (UTI) 

 

It is really important to keep in mind that while these are the common symptoms of dehydration, they are also the symptoms of a lot of other health issues as well. It is always a good idea to get these types of symptoms checked out by your doctor to make sure there isn't another underlying health issue that could be detected early to ensure you have the widest possible range of treatment options.

The longer that these symptoms are present, or the more chronically dehydrated you are, the greater the load that you put on your kidneys and circulatory system. This can lead to an increased risk of specific types of kidney disease as well as poor immune response of your body.

Decreased water content of the body, particularly the cells of the organs and the blood, decreases their ability to work, repair and function. Low concentrations of water in the blood can led to a condition known as hypoglycemic shock that can be life threatening. This can happen when the blood volume drops suddenly or over time and your blood pressure falls dramatically. When this happens the blood is not circulated through the body, oxygen supply to the cells is cut off, and the brain and central nervous system can stop functioning leading to coma and, if not treated immediately, death.

How Much Is Enough And What Counts?

For the average person drinking about 8 full glasses, which are at least 8 ounces in size, per day is typically enough if you are not exercising or in hot conditions. However, if you are sweating or if you feel thirsty you should drink more. For those that excise regularly or are in hot or dry conditions drink more water and more frequently. This would include driving in a hot truck or running with the window down if the air conditioner isn't working. 

If you are trying to stay hydrated or experience the symptoms discussed above when you are driving, don't count beverages such as coffee, energy drinks, sodas or anything else with caffeine as part of your 8 glass total. The reason you don't want to count them is because they contain stimulants and, in the case of soda and some energy drinks, a lot of sugars. Drinking these types of drinks may help with hydration, but you will then have to deal with the symptoms of over consumption of caffeine and sugar, which are often very similar to the symptoms of dehydration. Also, next time you are tempted to reach for a soda in the truck stop take a minute and read the label. You will be surprised at the chemicals and additives in your favorite drink that you may not even know what they are.

Water, either bottled or tap, is a great option to just sip as you are driving. If you aren't a water fan try some of the new single serving sugarless sports drink mixes or water flavoring packets that are generally well liked by most people. You can also drink sugar free types of sports drinks that have extra electrolytes which can help prevent cramping and many of the physical symptoms of dehydration. 

 Food, especially high moisture foods like apples, watermelon, oranges and grapefruit as well as raw vegetables can all help to boost your water intake throughout the day. These wouldn't count specifically towards that 8 glass goal but they are a great way to add extra water and also give you a healthy snack.

A good habit, and one that many athletes, sports doctors, coaches and trainers recommend is to drink a large glass of water just before going to bed and immediately when you get up.

STIHL Number One Selling Brand For Power Equipment

You have a job to do, whether it's in the yard or work in, on, and around your house, you can count on STIHL. From edgers and chainsaws to wet and dry vacuums, hand tools to concrete cutters, and the oils, lubricants, and fuel to keep all of those running, STIHL has it all. They manufacture the best equipment for all of your lawn care and home-care needs, and they have the best customer service in the business.

Top Notch Products

To really understand why STIHL power equipment is number one, and why so many people love this brand, let's talk about their range of chainsaws. Not only do these high-quality chainsaws come with limited warranties, but they'll also work perfectly well with a 10% ethanol-gasoline mix. That means they use fewer fossil fuels than other brands' chainsaws.

Once you've used one of their chainsaws for a time, you don't have to immediately replace the chain when it becomes dull. Instead, STIHL provides instructions for the type of file to use when sharpening a chain and how to sharpen it, too.

This kind of attention to detail on both new products and maintenance is one of the things that make STIHL power equipment stand out from the competition. Whether you're in need of a trimmer, blower, edger, sprayer, lawn mower, or any other power equipment, STIHL has the product for you, along with world-class customer service and support if you have any questions or concerns at any point in your product's lifespan.

Unbeatable Customer Service

If you've purchased STIHL power equipment, and you have questions or a problem with the product or products you've bought, STIHL has resources available to you online and at a STIHL certified dealer.

For example, if you have an older chain saw that the company no longer makes parts for, you're not out of luck. STIHL provides the names, addresses, and phone numbers for parts dealers across the United States who can help you out.

It's also a testament to STIHL's quality that these chain saws and other pieces of equipment have lasted long enough that their parts are no longer being manufactured. And it's a testament to STIHL's customer service that they do what they can to keep your older machines working properly.

Accessible Online Manuals

Whether you've bought your equipment new and lost the safety instruction manual, or you've purchased a piece of used power equipment, you can easily download a new safety manual from STIHL's website for free. In addition to their thorough and helpful FAQ and their prompt replies to email messages and calls, they have gone above and beyond to keep their customers happy.

You can find anything you need to know about products, recalls, instructions, and even how-to guides for any project you want to take on, all on STIHL's website. STIHL dealers are helpful and informative, as well. Whether you're looking for answers online or in person, STIHL is here to help you. Number one selling brand of power equipment!

Consideration of Accounting Errors and Fraud In Financial Reporting

The financial health and stability of a company. One of the main purposes of financial reporting is to provide shareholders and investors with accurate information, so they can make adequate decisions. Therefore, it is vital to accurately report financial information. Even the slightest error that may seem immaterial can have a large impact on important financial ratios. Firms should report the corrections to errors as prior period adjustments including that changes to previous period financial statements were needed. It is vital that the total values of assets and liabilities from the prior periods be adjusted for a cumulative effect. 

This cumulative effect will equal the needed adjustment to the balance of retained earnings. Some common accounting errors include mathematical mistakes, unrealistic estimations, failure to accrue expenses or revenues at the end of a period, misuse of facts, and incorrect classification. However, there is a fine-line between an error and fraud. Fraud is crime in which people or businesses purposely provide incorrect information for personal gain. Firms can commit fraud a variety of ways for a variety of reasons; it is a serious matter that ultimately misrepresents the firms financial position.

The moment a company finds an error in reporting, the error must be corrected. The company corrects errors from prior periods by making an adjustment to their retained earnings for the current accounting period. Subsequently, these transactional corrections are called prior period adjustments. When estimations are needed, it is important to use realistic and accurate numbers, so the amounts involved are accurate. The estimations that are involved with depreciation expense can be vital in the creation of their bottom line. If depreciation expense is overstated, the firms net income will be understated. At the same time, if a company understates depreciation expense, they will have a higher net income.

Consequently, estimations and non-cash expenses have a significant impact on a company's bottom line; therefore, must be reported as accurately as possible.

If a firm recognizes a change in an estimate must be made, the company must use the new, configured basis for reporting on current and future financial statements. However, no changes are to be made to prior period financial statements. Also, current period opening balances should not be adjusted due to the effects in prior periods.

If a company needs to be a change the way they are reporting entity, they must do this retrospectively. Therefore, the firm must restate their financial statements of previous periods. They must also provide the reason and nature of the change and the changes effect on the bottom line and earnings per share for all prior presented periods. 

When a firm needs to change their accounting principle, they must do this retrospectively. A change in accounting principle is when a firm changes from one generally accepted accounting principle to another: for example, if the United States were to adopt International Financial Reporting Standards, companies would have to retrospectively change their financial statements that they recorded under Generally Accepted Accounting Principles. Therefore, if a change in principle occurs, a company must change their financial statements for all previously presented periods. 

The year that the accounting principle occurs, the company must disclose the effects of net income and earnings per share that occurred during the prior periods. An adjustment to the retained earnings balance in the earliest presented year also needs to be completed. If decides to change from FIFO to LIFO it is impractical to determine the occurring effects during the previously recorded periods. Therefore, the company is not to change income from previous years. For all subsequent LIFO computations, the firm must use opening inventory for the year the method is adopted as the base year inventory. Finally, the firm must disclose the occurring effects and specify the reasoning behind omitting the computation of the cumulative effect and proforma  amounts.

There is a fine line between an accounting error and change and committing the crime of fraud. Firms and individuals usually commit fraud for the financial gain. Therefore, fear of losing your job, difficult financial goals, personal bonuses, and to maintain financial performance are all factors that come into play. For example, it is two days away from the end of the period and you are only a few sales away from earning that big bonus, but it does not look like you are going to get there. So, you decide to make a deal with a close contact to buy some inventory which you will buy back after the period. 

This is an instance of misrepresenting sales in order to get paid which is fraud. As you can see there is a distinct difference between an accounting error and change in relation to fraud. Errors, changes, and fraud are major components of the accounting profession. Fraud should try to be prevented proactively through internal control, while errors and changes should be dealt with either prospectively or retrospectively.

Should You Work Coworking Environment

They people doing freelance work, working for themselves or working in small business start ups, there are more people than ever without an office space in the traditional sense. However, what if you are someone who finds a more social atmosphere is the most productive? Many people find a traditional office environment to be the most beneficial way to work easily, without the distractions of home or a public area.

The term was "co working" first launched in 1999, by Brian DeKoven. In the same year, one of the first studios opened in New York City, called 42 West 24. Then, in the UK, the first co-working space wasn't opened until January 2005 in London. However, the term only became popular in March 2007, when it was trending on Google Search. Soon afterwards, in October 2007, it was listed as a term on Wikipedia.

Since then, it has only expanded in popularity and many offices have been founded. It is easy to understand why the demand for the spaces has developed so rapidly, as there are many positives. The pros easily outweigh any potential cons.

Pros

In starting up your own business beneficially, it is paramount to create connections and utilise networking to succeed. This is one of the main pros of a co-working environment - everyone you meet and work with is a potential network connection, or even a client. You meet dozens of people simply through working alongside them during your normal day.

Asides from networking, the people you work with in a co-working space can benefit you and your business in another way. Ideas people thrive in a situation where you can bounce ideas off others, as it creates a more stimulating environment. Other people and businesses are willing to help you out, and often an exchange of services can be given. For example, a website designing business may work in the same space as a marketing business, and they could compliment each other by exchanging certain online services.

In a co-working office space, there is an existing sense of community. This creates a certain feeling of belonging, which you wouldn't necessarily get from working alone or at home. Your colleagues become your friends, as well as associates, which is one of the most enjoyable factors about traditional office work. It also creates the opportunity to still participate in work events.

Cons

As with most things, there are downsides - yet, there aren't a lot of cons. However, the one recurrent negative seems to be the noise levels, particularly when someone appears to be persistently loud. If a space is too noisy or crowded, it can become difficult to concentrate and work to the best of your ability. Although, if everyone in the office understood the necessity to keep the noise level at an acceptable level, then there wouldn't be a problem.

The only other negative I uncovered is the feature of messiness in a co-working environment. This is something that can't easily be avoided in any work office space situation, and you may often find yourself guilty of slacking off your cleaning duties when there's work waiting! A factor that's similar and does relate to co-working, however, is the concern with who provides the general amenities, such as toilet paper, washing up liquid, milk and teabags. Each space is different, but in general it is the facilitator of the particular space who takes care of those things.

Conclusion

Yet, despite those, one of the main positives of a co-working environment is that it creates freedom for you and your business. The hours are more flexible than your typical nine-to-five, and, if you work for yourself, you can pick certain days to work in the space and other days you can work from home. The point is to be flexible and help each business succeed in their individual way.

Ultimately, co-working is all about the people, who become your friends and motivators in your business. The spaces are generally open and designed to enhance productivity in this professional environment. You have the freedom to interact and generate social and professional encounters, or simply choose not to.

Co-working is a far more stimulating environment for freelancers and small businesses, rather than working from home. The interaction and sense of community generates productivity, collaboration and resulting success for everyone involved.

Here at Bright Yellow Creative Group, we work in a co-working office space as part of a growing business of coworkers called Indy-cube. There are several work-spaces available through Indy-cube, all throughout South Wales currently. 

Manage Leadership Capability Practice And Theory

Summary of article key points:

Leadership is more about practice than theory, even if theory can inform some relevant insights as part of a leadership development programmed.

Leadership is a blend of art and science. Some leaders are born / per-equipped better than others (nature), but intelligent training and development (nurture) can enhance virtually any one's leadership capability.

Theories and models have a use, but only to underpin "practice" in leadership and real world outcomes.

Functional skills and previous performance are no guarantees of future leadership capability.

You will only get the leadership qualities that you select and train for.

The cost of promoting without leadership skills and then desperately seeking to equip people with adequate leadership skills can be high in human and economic terms.

Well-designed internal leadership academies can help when they match enhanced leadership awareness and capability to actual business needs.
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For centuries much has been written about the "science" and the "art" of leadership.

Most of us have read and absorbed elements of this wisdom (and too often perhaps some of the come and go fads rather than wisdom). Many of us have subsequently pondered that age-old question about leadership; "are great leaders born, or are they made"?

Based on our experiences we have found that effective leadership capability tends to arise from a little of both in terms of settling that 'nature versus nurture' debate? Sabre's recent work on a number of high-level leadership academies (including one that was integral to the Coles turnaround) has confirmed that whilst there are many valid theories and models for the "science" of leadership, it's often the "art" of leadership that still evades adequate capture and definition.

Many businesses simply don't get it right, but it's reassuring to see those that do reap the positive rewards that flow so evidently from putting in the effort.

It is certain that nature does equip some people better than others in terms of their leadership traits (from a genetic, neurological and thence a behavioural perspective). There are those who just seem pre-loaded with healthy measures of IQ, charisma and also enough EQ to meld it all together in a way that gets their people to where they need to be.

Arguably though the honing of these skills that may at first glance seem to be gifted from "nature" can be attributed in at least part also to a degree of "nurture." For example, the development of complex neurological systems and patterns that drive much of our behavior (social systems of the brain, core belief patterns and embedded personality) can be traced to responses to external stimulus over the course of a lifetime.

It is however equally certain that proper approaches to 'nurture' can be used to raise the bar for virtually anyone who wishes to play the leadership game by enhancing awareness of their own strengths, areas of struggle and weakness as they manifest day to day.

Discipline is then required to act upon those insights of self-awareness to help cultivate better leadership capability for their own personal and professional circumstances.

One thing we often see is that being gifted in a particular functional skill or specialization, even to the point of genius, is no assurance that you can then lead a group of former peers in that field (or indeed any other).

Regular experiential "practice" of leadership comes into play as a valuable tool for enhancing the quotients of leadership talent that are gifted or acquired from our own recipe of nature and nurture. In the cut and thrust of day to day work life we don't always have adequate time to discern the true source of, and impact of our leadership and team role styles.

Current research and models from such emerging fields as neuroscience confirm some leadership theories and debunk others, and are often very useful in framing approaches and delivering ongoing insight. They are at the end of the day however just more tools for the toolbox, with leadership capability itself something that needs to be lived and developed day to day and powerfully linked to real world outcomes.

One of the clearest examples that I have observed was in the military when being selected for and subsequently entering into Army Officer training. Now whilst not all attributes of military leadership are relevant to commercial or non-military endeavors, it's safe to say that many are with respect to the human dynamics of leadership (particularly leading amidst complexity).

For Officer selection the emphasis was first and foremost upon personal leadership capability (and the potential to hone it further for a military environment). It was only much later after rigorous training in general military skills and leadership that relevant specialist streaming was done into various specializations and functional skills.

In commerce the reverse is often the case, where people are selected and promoted firstly with their "functional" skills and credibility strongly in mind (e.g. a great engineer, lawyer, stockbroker, salesman) with their leadership skills seldom given the same rigorous analysis as their functional results.

The Officer selection process was designed to reveal "leadership" potential first via a careful blend of psychometric followed up with a host of mental and physical challenges that were rigorously observed by an experienced leadership selection panel. Their emphasis for selection was first upon core leadership traits exhibited under pressure, and the potential to polish those.

It was only much later that the aptitude for possible functional roles was to be explored. Functional experience and past performance, whilst taken into account if it was present, was never taken as an assurance of future leadership capability.

In commerce the best and brightest performer in a functional sense may not be the best person to lead a team of their former peers (unless they have been equipped by nature and nurture to lead also). The skills for leadership often exist outside of our functional skills, and are deserving of attention.

The military naturally values both individual leadership capability, and functional proficiency in an Officer's chosen trade post graduation (e.g. Infantry, Armour, Artillery, Intelligence etc), but the term "General Service Officer" is used to describe Army Officers upon graduation, and is used to imply that it's the "Officer" bit (your designated status as a leader) that comes first, and any functional / technical proficiency that may come later is second.

So much so that in theory any General Service Officer can be moved to or seconded into to virtually any military role or command should it be required of them. Of course you won't get far, or get much respect form peers or subordinates if you don't have some credible functional capability also, but the foundation is first your personal "leadership brand" which can be transferred into almost any other challenge.

Again, the military doesn't always get it right, but there is much to be said for the "leadership first" approach given to seeking and honing "Leadership DNA" as part of the overall process of developing organizational leadership talent. This in tandem with functional capability is ideal. Both matter, but the "personal leadership capability" bit is often overlooked in commerce (or considered as a clear second to ticking all the boxes on functional results and skills).

We have all seen people who are highly adept specialists in their given field (e.g. engineer, lawyer, doctor, stockbroker, IT professional) given leadership roles after getting runs on the board functionally speaking, without necessarily coming equipped with the requisite inter-personal and leadership awareness to handle the "non-functional" challenges of leadership.

Even being a respected genius at your chosen trade, does not ensure that you may end up out of your depth when asked to lead a cohort of your former peers (unless you have the "leadership bit" sorted first)?

The low morale, high turnover, friction and inefficiencies that can arise from poorly lead dysfunctional teams costs a great deal in both personal and economic terms This is where teams that on paper may have fall the boxes ticked for functional brilliance with their professional skills, experience and qualifications can simply fail through poor leadership and poor teamwork.

In a military environment the price paid for this is often instant, but in business it' can be slower and more insidious, but the outcome is the same, your team takes casualties and loses.

The ideal package for a leader is perhaps having enough functional proficiency to establish credibility, whilst also ensuring that they have been given ample opportunity to properly explore and develop their own leadership capability before being advanced to lead others. There is thus far less chance of being caught out of their depth in the all-important "leadership bit".

So how can business get the balance right?

It is our assertion that businesses can 'cherry pick' from the very best of the military approach by carefully designing and delivering their own internal leadership academies to target existing and emerging leaders. This enables people to build and develop upon existing leadership skills within the critical context of what they actually need to do and deliver within the business.

Time taken "outside" of the business, but very much "about" the business can really pay off when leadership development is tailored to meet business needs.

We have been involved with several wonderful examples at Coles where senior leadership skillfully identified a need to design a series of highly tailored leadership academies for enhancing personal leadership capability. This is one of the few examples where we have seen a company achieve such a wonderful balance of leadership capability development wedded to real world needs and outcomes.

Coles recognized leadership capability development as a key factor in itself and that it was by "practicing" it in tandem with cutting edge theory that worked best. It was our privilege to be invited to work with Steve Robinson and Dr Malcolm

McGregor who were brought in by the Boards of Coles and Wesfarmers to craft the overarching strategy for these approaches.

An enormous amount of design work was done to ensure that every aspect of the Academy would hone and develop each individuals leadership capability, but very much with the business in mind and putting valid personal insights immediately into practice.

The blending of theory and practice in facilitation was done very carefully to ensure constant linkages back to a leader's daily planning, interactions with their own teams and daily execution. The careful and intelligent exploration of personal leadership styles was matched to personal leadership plans and real world business scenarios. This was all within an environment that focused meaningfully upon people taking responsibility for and ownership of their own development and the impacts of their behavior (in both tailored simulations and shared real world case studies).

Participants were existing leaders within the business, and emerging leaders with high potential who were engaged in meaningful pre programme diagnostics followed by an intensive 7 day residential programme with targeted follow though, mentoring and coaching back into the business.

Theory was carefully linked to real world and business case studies were used throughout and the targeted experiential content was linked powerfully and intelligently to individual profiling and learning. Leadership was lived and "practiced" throughout.

All approaches used were of sufficient complexity and sophistication to meaningfully engage intelligent leaders (there certainly weren't any tacky reality TV show rip off team games or treasure hunts). This is very much along the lines of what most successful military academies embrace, and that is to take the time to properly select leaders then develop and hone personal leadership capability itself as a powerful enabler for better functional capability and success to follow.

Some well selected theory is fine, but at the end of the day it's all about putting it into practice.

This was reflected in the outcomes that ensued for the many alumni of this Coles academy, and the turnaround demonstrated by Coles as a company and as a brand.

Yes there is a price to pay in terms of taking key people outside of the 'day to day' business for a time, but it's important not to forget that ongoing development of leadership capability is still very much "about the business" when it's done well.

Investing in leadership capability in this way removes the "lucky dip" approach of selection primarily for a person's functional skills, then finding out all too late that real world productivity and lost opportunities has been caused by poor leadership that transfers into low performing teams.

Five Important Contract Provisions To Save Your Business

The following five Contract Provisions will undoubtedly help save your business future headaches! While no contract provision can be guaranteed to be enforceable, following some basic principles of use will dramatically increase the odds. Of course, your business won't get any protection without using them in the first place.

1. Warranties

You may or may not want to include specific, express warranties for anything you sell on your website. There is no law requiring you to give any written express warranties to your customers. Although, you can unwittingly make an express warranty through any ads or written materials contained on your website.

But, there are also implied warranties. Certain warranties arise automatically under the law or are "implied" unless they are specifically disclaimed in a written agreement. To avoid the possibility of providing an implied warranty, your contracts must include a disclaimer waving these warranties in a conspicuous manner. A conspicuous manner means that the disclaimer is set off from the rest of the contract by all capital letters, bold type, or a different color. The type cannot be smaller than the surrounding type in the contract.

A written statement regarding the "As-Is" or "With All Faults" nature of the product (or actually disclaiming the implied warranties by name) is sufficient. Internet businesses may use a clearly-labeled hyperlink such as "IMPORTANT WARRANTY INFORMATION" to lead to the full text of any warranty. Also, the warranty should be presented in a way that is capable of being preserved, either by downloading or printing.

Implied warranties could include a warranty of title (seller owns the goods, has the right to sell them, no creditor will interfere with buyer's purchase of the goods, and the goods are free from copyright, trademark, or patent claims of third parties), a warranty of merchantability (goods are reasonably fit for the ordinary purposes for which such goods are used), a warranty of fitness for a particular purpose (seller has reason to know of the purpose for which the goods are bought and knows that the buyer is relying on the skill and judgment of the seller to select the goods) and a warranty arising from course of dealing or trade usage (a court presumes both parties have knowledge of trade custom and presumes that custom is intended to apply to the contract). These warranties apply equally to services and goods.

Not all states will allow you to disclaim all implied warranties if you sell goods online. But, you should still disclaim all implied warranties in writing in your terms of sale. (You should also understand disclaiming implied warranties will not shield your business from liability for any injuries caused by a product sold from your website). Without this provision, the goods or services provided under the contract will be warranted with the express warranties arising from what your company states on its website and with the implied warranties provided under state law. Reducing the uncertainty this creates requires a warranty disclaimer.

2. Limitation of liability & Damages

You may limit or alter the types of damages normally recoverable by your customers. Customers may suffer damages if your business breaches any of the terms of sale with a customer or any warranty or if your business is liable for any product defects that cause any injuries. In those cases, the customer would be allowed to recover damages reasonably foreseeable or "within the contemplation of the parties" at the time of contract formation. This means your customers can suffer "direct damages" or the damages that you would expect to occur from the breach, such as cost to repair or replace a product. However the customer may also suffer "consequential damages" (also sometimes referred to as indirect or "special" damages) which encompass all damages that aren't either direct or incidental damages.

Expenses incurred by your customers in connection with enforcing available remedies are "incidental damages." Any lost profits or revenues suffered because of failure of the product are consequential damages. This is a factual determination that could lead to your customers being able to collect a large amount of damages above and beyond the simple cost or value of the product. If you don't limit your damages contractually, your customers may be entitled to collect any and all foreseeable damages.

TIP! Always limit damages to the cost of the item itself or replacement of the item and also have your customers waive their rights to collect lost profits or any type of incidental or consequential damages!

Not all courts will honor these limitations if they feel they are unfair to the consumer (I.e. "unconscionable"). For instance, limitation of consequential damages for injury to the person in the case of consumer goods is unconscionable on its face, but limitation of damages where the loss is commercial is not. Most courts generally uphold limitations of liability and you should always include them anyways. Damage costs that could be recovered include direct damages, which are damages that are a direct result of what happened, like medical costs or property damage, and indirect damages. Indirect damages are those that are not directly caused by the other party but that are incurred because the party was injured. 

Some states have laws that require a disclaimer of liability in a contract to be conspicuous within the contract to be enforceable. For that reason these provisions should be in all capital formats, bolted, set in a larger font than the surrounding text, or otherwise distinguished from the rest of the contract. You also may want to limit the time frame in which the consumer may bring a claim. This greatly decreases the likelihood of a claim being filed.

3. Include An Attorney's Fees Provision

Always include an Attorney's Fees provision in your terms of sale. This clause creates a right to recover costs and expenses paid by the party that prevails in a contract dispute. The way this clause is worded, the costs and expenses are not limited to those paid in a lawsuit-the costs and expenses incurred in any contract dispute could be recovered. This provision is thought to discourage frivolous lawsuits because the party filing a lawsuit risks payment of the other party's legal costs if the suit is lost.

4. Using Forum Selection Clauses (Venue)

I have had numerous clients ask me about forcing their customers to settle any future disputes in a specific location. This is a type of contractual term known as a "forum selection clause" (or "venue clause"), which more or less binds the parties to litigate in a specific jurisdiction. You can and should use a forum selection clause on your website user and product purchase agreements. They are not illegal and can even be justified from a business standpoint. They are used to avoid costly and frivolous litigation. Since these clauses can be extremely valuable, you should understand how to effectively use them. Assuming the terms were validly accepted and proper notice of the terms was given, these types of provisions generally are just as enforceable as the underlying agreement.

TIP! You must also make sure that "notice" that this specific type of provision exists in the contract is provided to the user. This requirement has been relaxed by the courts quite a bit recently, but I still recommend using bold font, 'all caps' or a larger font for your forum selection clause so it stands out from the rest of the agreement.

Sometimes contractual provisions can overreach and be so unreasonable that they are declared null and void by a court. These are sometimes known as "contracts of adhesion." This type of contract is basically an agreement where one side holds all the bargaining power and uses it to write the contract primarily to his or her advantage. This is really how many Internet businesses improperly use forum selections clauses. Understanding how forum selection clauses might overreach and be unreasonable is obviously very important to your Internet business. Basically, the courts won't automatically honor provisions that require the consumer to waive some right.

An unreasonable forum selection clause may also violate publi

c policy. This typically occurs when a particular state has a strong interest in regulating a particular industry or in protecting a certain class of persons. State courts have various approaches in determining the enforceability of forum selection provisions. If a party opposing the forum selection can demonstrate extreme inconvenience that was not foreseeable at the time the provision was negotiated, some states will reject it. But, usually the opposing party has to show that a heavy burden would be imposed if they were to litigate in that forum.

Additionally, for a forum selection clause to be upheld, the parties must use language clearly indicating that the forum selection clause excludes all other courts in hearing any potential dispute. A few states refuse to enforce forum selection provisions altogether (such as Idaho and Montana) while others limit enforcement with respect to certain types of contracts.

The following case summaries illustrate some of these principles:

Fee v. Expedia Inc.- Zachary Fee sued Expedia, which operates the travel website Hotels.com, for deceptive trade practices. Fee alleged that Hotels.com switched the plaintiff's paid reservation from a four-star hotel to a three-and-one-half star hotel. Fee brought the lawsuit in the state of Kansas. But, he agreed to a forum selection clause contained in the click-wrap agreement that required all suits to be filed in Texas. The Kansas court dismissed Fee's lawsuit since the click-wrap agreement on hotels.com required Fee's lawsuit to be brought in Texas, not in the state of Kansas. The forum selection clause used by Expedia was simple and straightforward and only required that all claims basically be heard in the State of Texas. 

Olmsted v. Dell-The plaintiff brought a class action lawsuit in California against Dell, Inc. The plaintiff asserted that Dell designed, manufactured and sold defective notebook computers in violation of California consumer protection laws. Dell's website required purchasers to accept a click-wrap agreement that contained a forum selection clause. This clause required all lawsuits against Dell to be filed in the State of Texas, but it also required consumers to waive their right to bring a class action suit against Dell for any reason. The California court refused to enforce Dell's forum selection clause. The difference in this case is that Dell not only required consumers to litigate in Texas, but the company's click-wrap agreement also required consumers to give up a fundamental right to sue as class action litigants. The court found this to be overreaching. 

5. Choice of Law provisions

Choice of law provisions usually also accompany forum selection clauses. They really go hand in hand, although choice of law provisions can stand alone. This type of provision specifies that the laws of a certain jurisdiction must be applied by the court hearing any dispute. The particular court hearing the dispute will apply the law of the state the court is located in (the forum) unless there is some conflict, such as when an out-of-state consumer sues an Internet business. The court may also apply a different state's law if the contract calls for specific laws to be followed. 

Modern courts follow the rule articulated in the Restatement (Second) of the Conflicts of Laws. It provides that choice of law provisions are presumptively enforceable as long as there is some relationship between the transaction and the state's law that would govern, or by another reasonable basis for choosing a particular states' laws. 

The Restatement basically recognizes there should be no limitation on the power of the parties to incorporate foreign law into their contracts. Under Section 187(2), the express choice-of-law made by the parties is still recognized "even if the particular issue is one, which the parties could not have resolved, by an explicit provision in their agreement directed to that issue." But, there are three exceptions to Section 187(2). First, the chosen state has no substantial relationship to the parties or the transaction and there is no other reasonable basis for the parties' choice. Second, misrepresentation, duress, undue influence, or mistake secured the consent of one of the parties to the inclusion of the provision. Third, application of the state's law chosen would be contrary to a fundamental policy of the state that would be able to apply its own law but for the choice-of-law provision. 

Besides the Restatement, the Uniform Commercial Code (UCC) also allows the parties to a commercial contract to choose the applicable state law, so long as the transaction "bears a reasonable relation" to the state chosen. See UCC Section 1-105. (The UCC is followed in some form in all 50 states). Thus, the general law in the U.S. is that parties to a contract may choose the law of a particular state to govern the contract, and that the courts will uphold the choice. 

TIP! Most businesses online should simply require disputes to be heard under the laws of the state they are physically located. This is valid since there is already a relationship with the state. Also, selecting the laws of your home state is advantageous since your business is operating under these laws already. If no state law is designated, a court will typically interpret the agreement under the laws of the state where either party is located, or where the contract was performed or signed. 

 

Forum Selection/Choice of Law Lessons:

1. Always use forum selection clauses to avoid frivolous and costly litigation in some distant state;

2. Keep your forum selection clause simple. Don't restrict "fundamental" consumer rights, such as a consumer's right to initiate a claim against your business or initiate or join a class action suit;

3. A straightforward clause selecting the forum for any potential litigation and the choice of law should be simply used and no more. The language should be simple, yet crystal clear and should state the chosen forum is the exclusive forum that any and all disputes would be heard;

4. Finally, there is no guarantee any forum selection clause you use will be upheld. As stated, even if it isn't
unreasonable, the clause may violate the public policy of some state.

This article was written by Philip A. Nicolosi, J.D. Mr. Nicolosi provides legal services through his law firm, Phil Nicolosi Law, P.C., focusing on startup and small business law, Internet & technology law and commercial transactions. 

Mr. Nicolosi serves as a trusted advisor to numerous start-up and small to medium sized businesses. This includes representation for a wide range of business law matters including business organization, corporate/LLC governance, regulatory law, contracts and transactions and most other matters outside of litigation. Mr. Nicolosi provides guidance with e-commerce, Internet marketing and technology-related legal matters. 

Traditional Telemarketing Risk

It's important that you can back up what you are claiming you can do for a prospect when telemarketing. Calling and saying we can save more time or we will reduce your cost is not a compelling proposition. It is even weaker when you do not go to the trouble of getting material together that proves your statements.

The value proposition newer, better, faster, cheaper provides no valid business reason to meet. We have heard it all before usually every day by every company that calls, writes and emails us.

Prospects avoid salespeople, so unless perceived as someone different you will be put in the same box as all the other sales executives that call.

The answer is simple: give them a compelling reason to listen to you. Compelling information is the answer to this problem that many do not take the time to refine and develop.

If your reasons for contacting a prospect are not powerful enough to move someone to a point of interest or action, your prospecting will never be strong. Information is the key to success in most selling situations and prospecting is no different.

What you are selling is of no real interest to the prospect, what they can get from a meeting with you is. If a prospect can get information they can use, that gives them a strong reason to arrange for you to come and see them. 

Other professionals feel that merely stating the product or service they provide, and talking about the benefits they offer will get them an appointment. If you are selling IT solutions, insurance, advertising, marketing services, web design, training, financial or legal services, software, commercial real estate computers or one of millions of products and services consider this. 90% of your prospects have no interest in your product or service. 

So if you think that simply telling a prospect what it is you sell is enough to stimulate interest, think again.

If you give a prospect information they can use this improves the communication between you and your prospects and clients. This is because you both benefit from the start rather than the prospect feeling he is doing you a favour by meeting with you. You are also building trust by putting you best foot forward (your expertise). You can blow your competition out the water by showing your clients that you are the top experts in your field.