Gary Ferguson on thu 25 mar 04
I have a little "hang tag" that I include with each piece I sell that
explains Raku process and handling instruction of a Raku piece, etc. It is
also a nice touch when the piece is a gift to someone who many not know
anything about Raku.
I print these on card stock, cut and fold them so they are about 2 x 2
square.
Gary Ferguson
Raku Clay Artist
Nampa, ID 83687
Raku Gallery at: http://www.garyrferguson.com
300+ Glaze Collection at: http://www.rakuglazes.com
Subscribe to Just Raku Newsletter at http://www.JustRaku.com
Got Raku? Wear it here: http://www.cafepress.com/gotraku
----- Original Message -----
From: "Diane Serley"
To:
Sent: Thursday, March 25, 2004 9:30 AM
Subject: LLC or Corp when selling Raku?
> Hello all -
>
> I have a question about the level of legal protection needed when selling
> your ware.
>
> I've been encourage to start selling my Raku work. But the pieces I make
> look functinal; bowls, vases, platters, etc. Up to now I haven't had any
> qualms when giving or donating pieces... I've been able to verbally
explain
> that my Raku is not to be used for food or drink.
>
> But I'm interested in knowning what other potters do to protect themselves
> against the possibility of lawsuits. If I'm going to be sending my work
out
> into the world, I want to insure that it doesn't hurt anybody, and that my
> home and savings are safe if someone doesn't follow the "don't use for
> food" instructions.
>
> Diane
> clayart lurker and pottery newbie who is just beginning to dip her toes
> into the dangerous world of commerce!
>
>
____________________________________________________________________________
__
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at
melpots@pclink.com.
Diane Serley on thu 25 mar 04
Hello all -
I have a question about the level of legal protection needed when selling
your ware.
I've been encourage to start selling my Raku work. But the pieces I make
look functinal; bowls, vases, platters, etc. Up to now I haven't had any
qualms when giving or donating pieces... I've been able to verbally explain
that my Raku is not to be used for food or drink.
But I'm interested in knowning what other potters do to protect themselves
against the possibility of lawsuits. If I'm going to be sending my work out
into the world, I want to insure that it doesn't hurt anybody, and that my
home and savings are safe if someone doesn't follow the "don't use for
food" instructions.
Diane
clayart lurker and pottery newbie who is just beginning to dip her toes
into the dangerous world of commerce!
wayneinkeywest on thu 25 mar 04
Diane:
I'm sure many of the others on list will echo the following:
When setting up your business enterprise, consideration should be
given to the tax implications of your choice (your accountant). The
legal implications should be the concern of your liability
(insurance) carrier (and your attorney).
Find an attorney that deals in corporate law, and find a good CPA
(accountant). Once you have both of these, arrange a meeting for
the three of you. You will get more from that meeting than by
meeting each one separately...trust me on this.
No, it's not cheap. My accountant hits me for $125 an hour, my
attorney is $175. That's $300 per hour for the two of them.
How much is a lawsuit...how much can you be sued for? There's your
answer.
Hope that helps,
Wayne Seidl
----- Original Message -----
From: "Diane Serley"
To:
Sent: Thursday, March 25, 2004 11:30 AM
Subject: LLC or Corp when selling Raku?
> Hello all -
>
> I have a question about the level of legal protection needed when
selling
> your ware.
>
> I've been encourage to start selling my Raku work. But the pieces
I make
> look functinal; bowls, vases, platters, etc. Up to now I haven't
had any
> qualms when giving or donating pieces... I've been able to
verbally explain
> that my Raku is not to be used for food or drink.
>
> But I'm interested in knowning what other potters do to protect
themselves
> against the possibility of lawsuits. If I'm going to be sending my
work out
> into the world, I want to insure that it doesn't hurt anybody, and
that my
> home and savings are safe if someone doesn't follow the "don't use
for
> food" instructions.
>
> Diane
> clayart lurker and pottery newbie who is just beginning to dip her
toes
> into the dangerous world of commerce!
>
>
____________________________________________________________________
__________
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your
subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at
melpots@pclink.com.
>
claybair on thu 25 mar 04
Diane,
A few suggestions:
1. Permanently label your work e.g. incise "NOT FOOD SAFE" into the clay
2. Have signage and cards with use and care of your Raku pot
3. Give a mini instructional to every customer
4. Get insurance
Gayle Bair
Bainbridge Island, WA
http://claybair.com
-----Original Message-----
From: Clayart [mailto:CLAYART@LSV.CERAMICS.ORG]On Behalf Of Diane Serley
Sent: Thursday, March 25, 2004 8:31 AM
To: CLAYART@LSV.CERAMICS.ORG
Subject: LLC or Corp when selling Raku?
Hello all -
I have a question about the level of legal protection needed when selling
your ware.
I've been encourage to start selling my Raku work. But the pieces I make
look functinal; bowls, vases, platters, etc. Up to now I haven't had any
qualms when giving or donating pieces... I've been able to verbally explain
that my Raku is not to be used for food or drink.
But I'm interested in knowning what other potters do to protect themselves
against the possibility of lawsuits. If I'm going to be sending my work out
into the world, I want to insure that it doesn't hurt anybody, and that my
home and savings are safe if someone doesn't follow the "don't use for
food" instructions.
Diane
clayart lurker and pottery newbie who is just beginning to dip her toes
into the dangerous world of commerce!
____________________________________________________________________________
__
Send postings to clayart@lsv.ceramics.org
You may look at the archives for the list or change your subscription
settings from http://www.ceramics.org/clayart/
Moderator of the list is Mel Jacobson who may be reached at
melpots@pclink.com.
Craig Dunn Clark on fri 26 mar 04
Diane, the easiest thing for me has been to make decorative vases and
altered bowls that take extraordinary efforts to use in a utilitarian manner
(eg., food service.) I do however emphasize repeatedly to my customers, and
have lost sales because of this, that Raku fired pottery is for decorative
purposes only. I also let them know about the inherent instability of raku
glazes and the resultant fading of the colors that occurs over time with
some of them.
I noticed that Gary includes a small piece of paper explaining to the
client that raku is not to be used for utilitarian purposes. This is a very
good idea, though there is no gaurantee that this will be passed on to the
any subsequent owner of the pot.If your intent is to somehow insulate
yourself from any and all lawsuits then you might consider trying something
else.Admittedly, I do not know what that "other thing" would be considering
the litigious nature of the modern world.
A word of comfort is that I do not know of anyone who fires raku that
has been sued for the reasons, or any for that matter, with which you are
concerned. Perhaps someone else on the list knows of such a situation. If
you post this specifically as a query you may find one.
As to the long term concerns of potential health hazards you may
concider the very real fact that raku is not particularly durable and that
if it is used by someone in the common manner that most bowls and plates are
used it will more than likely be destroyed.
For those that are insist upon using something for purposes that the
item was not designed to be used there really ain't all that much that you
can do. Just make the pots, include some literature, give them buyer a
verbal explanation of the concerns, and try and get them to pass the
information along to anyone else who may end up with the pot.
If this is something that is really bothering you then do as I suggest
in the beginning. Make decorative vases and sculptural forms for your raku
process. Leave the bowls, plates, jugs, pitchers and cups for high fire.
Hope this helps
Craig Dunn Clark
619 East 11 1/2 st
Houston, Texas 77008
(713)861-2083
mudman@hal-pc.org
----- Original Message -----
From: "Gary Ferguson"
To:
Sent: Thursday, March 25, 2004 11:50 PM
Subject: Re: LLC or Corp when selling Raku?
> I have a little "hang tag" that I include with each piece I sell that
> explains Raku process and handling instruction of a Raku piece, etc. It
is
> also a nice touch when the piece is a gift to someone who many not know
> anything about Raku.
>
> I print these on card stock, cut and fold them so they are about 2 x 2
> square.
>
> Gary Ferguson
> Raku Clay Artist
> Nampa, ID 83687
>
> Raku Gallery at: http://www.garyrferguson.com
> 300+ Glaze Collection at: http://www.rakuglazes.com
> Subscribe to Just Raku Newsletter at http://www.JustRaku.com
> Got Raku? Wear it here: http://www.cafepress.com/gotraku
>
> ----- Original Message -----
> From: "Diane Serley"
> To:
> Sent: Thursday, March 25, 2004 9:30 AM
> Subject: LLC or Corp when selling Raku?
>
>
> > Hello all -
> >
> > I have a question about the level of legal protection needed when
selling
> > your ware.
> >
> > I've been encourage to start selling my Raku work. But the pieces I make
> > look functinal; bowls, vases, platters, etc. Up to now I haven't had any
> > qualms when giving or donating pieces... I've been able to verbally
> explain
> > that my Raku is not to be used for food or drink.
> >
> > But I'm interested in knowning what other potters do to protect
themselves
> > against the possibility of lawsuits. If I'm going to be sending my work
> out
> > into the world, I want to insure that it doesn't hurt anybody, and that
my
> > home and savings are safe if someone doesn't follow the "don't use for
> > food" instructions.
> >
> > Diane
> > clayart lurker and pottery newbie who is just beginning to dip her toes
> > into the dangerous world of commerce!
> >
> >
>
____________________________________________________________________________
> __
> > Send postings to clayart@lsv.ceramics.org
> >
> > You may look at the archives for the list or change your subscription
> > settings from http://www.ceramics.org/clayart/
> >
> > Moderator of the list is Mel Jacobson who may be reached at
> melpots@pclink.com.
>
>
____________________________________________________________________________
__
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at
melpots@pclink.com.
Diane Serley on fri 26 mar 04
Wow! Thanks to all for the information. The general consensus seems to be
"keep giving the verbal warning and you might want to add ...
...incising the pot or
...a note card or
... some other form of printed warning"
It appears that I'm a bit too paranoid. ;-) And I'm glad to know that I
probably wont
have to go to the expense of incorporating.
Thanks again!
Diane
Nana on fri 26 mar 04
Could you make vases and bowls with a hole in or near the bottom?
Plate-like pieces would be marred by a hole, and it wouldn't stop
anybody from putting crackers on it if they felt like it, but in a
bowl you might be able to camoflage it.
Nana Underhill
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