Contract terms, reasonable or not?

[Wanderer]

There are many clauses that require me to indemnify both the agent and the client for claims against them that may result due to an undesired outcome that is related to my work.

Perhaps it's best if you get the contract professionally reviewed - these guys are professional bulltulip detectors and will advise you what's OK and what's not.

Also, STOP taking about "me" when you speak of the contract.

You thinking and talking about it like YOU are entering into the contract when you are not. The contract is between your LTD company and the client - not, no way, never between YOU and anyone else. You may be the company director and named as the primary consultant but the contract is always between your company and the client/agent. Do not EVER sign anything that makes you personally guarantee anything.

At the end of the day, they can sue the arse off your company if they want, but you can simply cease trading and they will get nothing as your company will have no assets, so this "unlimited indemnity" clause doesn't mean tulip.

If you personally guarantee something then they can bankrupt you and take everything but the shirt off your back...

[amichael]

Perhaps it's best if you get the contract professionally reviewed - these guys are professional bulltulip detectors and will advise you what's OK and what's not.

Also, STOP taking about "me" when you speak of the contract.

You thinking and talking about it like YOU are entering into the contract when you are not. The contract is between your LTD company and the client - not, no way, never between YOU and anyone else. You may be the company director and named as the primary consultant but the contract is always between your company and the client/agent. Do not EVER sign anything that makes you personally guarantee anything.

At the end of the day, they can sue the arse off your company if they want, but you can simply cease trading and they will get nothing as your company will have no assets, so this "unlimited indemnity" clause doesn't mean tulip.

If you personally guarantee something then they can bankrupt you and take everything but the shirt off your back...

Yes of course I meant my LTD company not myself. The contract refers to "the supplier" which is my LTD company.

[amichael]

Those are questions for your insurer, I doubt that they would agree and yes there's a possibility that bad contract clauses could invalidate the insurance on that contract.

I finally managed to talk to someone from my insurer but it was a waste of time. They suggested
I seek legal advice which they were not willing to give. They simply said that my policy covered me up to the "duty of care as of law" whatever that means, and they could not comment on whether my contract goes beyond that.

So I am left with the choices of either paying for legal advice, or pulling out, or I take a risk and accept the contract in the expectation that the probability of something bad happening is low.

One problem I have is that my skills are very specialised and this is the first contract offer I've
had since my last contract ended in July! Also I was supposed to be starting work on Monday.

[TykeMerc]

I finally managed to talk to someone from my insurer but it was a waste of time. They suggested
I seek legal advice which they were not willing to give. They simply said that my policy covered me up to the "duty of care as of law" whatever that means, and they could not comment on whether my contract goes beyond that.

So I am left with the choices of either paying for legal advice, or pulling out, or I take a risk and accept the contract in the expectation that the probability of something bad happening is low.

One problem I have is that my skills are very specialised and this is the first contract offer I've
had since my last contract ended in July! Also I was supposed to be starting work on Monday.

In which case it's a job for common sense and a red pen. Strike out the clauses you hate and negotiate from there.

[SueEllen]

So I am left with the choices of either paying for legal advice, or pulling out, or I take a risk and accept the contract in the expectation that the probability of something bad happening is low.

If you pay for legal advice now the agent is extremely unlikely to try and screw you through the contract as they know you will come down on them like a tonne of bricks.

If you don't then they can evoke random clauses if the client screws them around.

I know what I prefer doing.