Hypothetical question

[DaveB]

You have been offered a gig by the end client via an agency.

The agency contract is poor and you wish to negotiate addition/removal of terms.

Agency refuses to negotiate contract terms.

Are you then able to go direct to the client without repercussions from the agency, assuming your requests for contract changes were fair and reaonable?

[TheFaQQer]

You have been offered a gig by the end client via an agency.

The agency contract is poor and you wish to negotiate addition/removal of terms.

Agency refuses to negotiate contract terms.

Are you then able to go direct to the client without repercussions from the agency, assuming your requests for contract changes were fair and reaonable?

Generally, there will be a contract between the end client and the agency that stops the client taking you on directly once you have been introduced to them by the agency.

If you have contact details at the client, ring and apologise, but the contract is unrealistic and the agency is unwilling to negotiate any of the terms with you. If the agency contact you, tell them that you cannot accept the contract, and so you will be unable to take the work on.

Hopefully, the client will pressure the agency to sort it out with you (that's why the client is paying them, after all!), but if not, walk away.

There are a couple of threads about this kind of thing - I went through the same thing recently, and it was only when I said to the agent "do you want to ring the client and tell them that I won't be taking the contract, or should I?" that they started to negotiate. Someone else here went through the same thing too, but had the satisfaction of finding alternative work before the agent came back.

[Lewis]

You have been offered a gig by the end client via an agency.

The agency contract is poor and you wish to negotiate addition/removal of terms.

Agency refuses to negotiate contract terms.

Are you then able to go direct to the client without repercussions from the agency, assuming your requests for contract changes were fair and reaonable?

Depends on what terms you are talking about but in my experience if an agent thinks you won't do the contract then they will usually change the terms rather than start again. I'm talking about things like IR35 unfriendly clauses, notice periods etc..