contract handcuffs

[Euro-commuter]

If an agency (let's call them CP) makes you sign a non-compete agreement, then fails to make the deal with the client, so your contract with them is off: then can they stop you working with the client?

Is there an easy and clear form of words that you could have inserted into the agreement so as to avoid this question? While keeping the sense of the agreement, that you wouldn't actually shaft them, i.e. you won't take this role through a competitior as long as CP offer it to you.

[fzbucks]

If an agency (let's call them CP) makes you sign a non-compete agreement, then fails to make the deal with the client, so your contract with them is off: then can they stop you working with the client?

Is there an easy and clear form of words that you could have inserted into the agreement so as to avoid this question? While keeping the sense of the agreement, that you wouldn't actually shaft them, i.e. you won't take this role through a competitior as long as CP offer it to you.

Damn CP and their handcuff clause!

[r0bly0ns]

Had a similar thing with my first contract (can't remember the agency), the agency found me a 4 month contract, however negotiations broke down between the agency and the client.

In the end the agency agreed to let us work direct for the client if the client paid them a finders fee, so I guess that it is enforceable (it was a pretty big client who definately wouldn't take any guff).

[Euro-commuter]

Had a similar thing with my first contract (can't remember the agency), the agency found me a 4 month contract, however negotiations broke down between the agency and the client.

In the end the agency agreed to let us work direct for the client if the client paid them a finders fee, so I guess that it is enforceable (it was a pretty big client who definately wouldn't take any guff).

That's why I'm asking, is there a plausible amendment you could ask for, before the event when they won't be so edgy about it because they expect to land the deal, that would eliminate obligation to the agent if he failed to deliver?

[r0bly0ns]

That's why I'm asking, is there a plausible amendment you could ask for, before the event when they won't be so edgy about it because they expect to land the deal, that would eliminate obligation to the agent if he failed to deliver?

Oops, misread the OP

Don't know of anything 'official' but couldn't you put in something like...

In the event of <agency> and <client> being unable to agree terms, <MyCo> will be able to negotiate terms directly with <client>. In such an event the negotiations between <MyCo> and <client> will be subject to the following conditions:

i. No fees will be payable to <agency> should an agreement be reached between <myCo> and <client>

ii. No 3rd party will be invloved in the negotiations between <MyCo> and <client>, should it become necessary for a 3rd party to be used clause (i) above will become void and a fee of <xxxx> will be payable to <agency> opon reciept of signed contracts by <client> and <MyCo>.



HTH