Exclusion Clause

**eek** · 28 August 2015, 09:35

Originally posted by SlipTheJab View Post

So I've recently been offered a role at a previous clients I worked at over 3 years ago, no agency involved initially as I was still in touch with people there so went direct. As is too often the case I now need to go via an agency as they don't hire direct so have put me in touch with the old agency I used first time round. Having read the contract its the same one as I had last time including a 12 month exclusion clause. Pretty cheeky really as they did nothing to get me the role this time round. Am thinking of asking for it to be removed but don't want to rock the boat, what do people think?

Ask for it to be removed... You've done all the work, they are merely getting money for factoring, invoicing and the end clients convenience. I would be removing any clause that I didn't want..

**FatLazyContractor** · 28 August 2015, 10:37

Originally posted by SlipTheJab View Post

So I've recently been offered a role at a previous clients I worked at over 3 years ago, no agency involved initially as I was still in touch with people there so went direct. As is too often the case I now need to go via an agency as they don't hire direct so have put me in touch with the old agency I used first time round. Having read the contract its the same one as I had last time including a 12 month exclusion clause. Pretty cheeky really as they did nothing to get me the role this time round. Am thinking of asking for it to be removed but don't want to rock the boat, what do people think?

What eek said.

Be reasonable and make the fact that they haven't done anything to hire you very clear.

I don't see any boat being rocked here. If they take you on, they get money for doing nothing. If they don't, then they wont get a penny, and the client will find a way of getting you on board (if they are really desperate for you!).

**eek** · 28 August 2015, 11:14

Originally posted by FatLazyContractor View Post

What eek said.

Be reasonable and make the fact that they haven't done anything to hire you very clear.

I don't see any boat being rocked here. If they take you on, they get money for doing nothing. If they don't, then they wont get a penny, and the client will find a way of getting you on board (if they are really desperate for you!).

The thing is that they probably just dug up the standard contract and sent it out. Many people will just sign it but I'm sure they will happily scrub bits when asked...

**northernladuk** · 28 August 2015, 11:41

And make sure they are only taking around 5% commission for the gig as well. Ask them if they are on a fixed rate and get the answer in writing if they are. Don't let them get away with normal rates which includes the time spent and cost to find you etc

**kevpuk** · 28 August 2015, 12:37

Originally posted by eek View Post

Ask for it to be removed... You've done all the work, they are merely getting money for factoring, invoicing and the end clients convenience. I would be removing any clause that I didn't want..

This ^^

Originally posted by northernladuk View Post

And make sure they are only taking around 5% commission for the gig as well. Ask them if they are on a fixed rate and get the answer in writing if they are. Don't let them get away with normal rates which includes the time spent and cost to find you etc

and this ^^

**SlipTheJab** · 28 August 2015, 12:53

Aah yes good points all. I'm thinking 5% should be their cut for the role this time round.

**fool** · 29 August 2015, 16:37

Assuming you've already agreed a rate, their cut has nothing to do with you.

**SlipTheJab** · 29 August 2015, 17:14

Originally posted by fool View Post

Assuming you've already agreed a rate, their cut has nothing to do with you.

What a load of bollox, it has everything to do with me.

**fool** · 29 August 2015, 17:52

Originally posted by SlipTheJab View Post

What a load of bollox, it has everything to do with me.

I can't really see how.

Your co already has an agreed rate and you're trying to dictate what another company is going to make in their relationship with your client. If the agent and the client has a good relationship then they could rightfully consider you over stepping the mark.

Also, even if you did manage to set their rate to 5% or a flat rate (they'll probably just tell you sure then ignore you because you'll never know), future rate bumps can only come directly from the client rather than you eating the agents margin, so it's arugably not even in your interests.

You definitely want to remove any funny stuff from your contract and you should consider adding provisions to protect you from exclusions in the upper contract, but I don't see why you feel you can dispute terms in the upper contract that don't affect you or your agreement.

Exclusion Clause