contract review - worst one so far

**craig1** · 11 October 2011, 14:53

Best to get them removed. Stops the grief before you send in your first invoice. Front-loading all the difficult conversations means you can get on with being a contractor when you get the role.

**BolshieBastard** · 11 October 2011, 17:55

Originally posted by calder View Post

I received a new contract for a 6 month gig. I have opted in, and the contract says:
-I am not able to go direct for 12 months after I have finished the gig (normally, it should be only 8 weeks max, since I opted in, right?)
-Agent will pay me only after clientco has paid them
-Agent will pay me only after they have recived a signed timesheet from me

My question: I have opted in (since I have not signed any opt out forms before meeting the client), so do I need those sections in the contract to be removed, or can I leave them as is because they won;t stand in court anyway (considering that I have opted in) ? Anyone has experience with that?

Who has reviewed your contract? Get it professionally reviewed by the likes of bauer & cottrel. They are excellent and will even negotiate with the agent on your behalf for free.

**Wanderer** · 11 October 2011, 20:14

Originally posted by calder View Post

My question: I have opted in (since I have not signed any opt out forms before meeting the client), so do I need those sections in the contract to be removed, or can I leave them as is because they won;t stand in court anyway (considering that I have opted in) ? Anyone has experience with that?

As far as I know, no one has tested the agency regulations in court but according to the law, none of those clauses are enforceable and it's actually illegal to even put some of them in there. That won't stop a load of bluff and bluster from the agency though.

My current contract has all that stuff in there with a * saying that these clauses are only applicable if the consulting company chooses to opt out.

Politely point out to them that they have obviously sent you an opted out contract, can you please have the non opt-out version and see what the differences are.

Personally, I'd be tempted to just ignore that sort of nonsense in the contract and fight it out with the agency if it came to the crunch. Indeed the 12 month restraint of trade could be struck out completely in the event of a dispute, leaving the agency with nothing should you want to go direct which would be a good result...

**calder** · 11 October 2011, 22:38

Originally posted by Wanderer View Post

As far as I know, no one has tested the agency regulations in court but according to the law, none of those clauses are enforceable and it's actually illegal to even put some of them in there. That won't stop a load of bluff and bluster from the agency though.

My current contract has all that stuff in there with a * saying that these clauses are only applicable if the consulting company chooses to opt out.

Politely point out to them that they have obviously sent you an opted out contract, can you please have the non opt-out version and see what the differences are.

Personally, I'd be tempted to just ignore that sort of nonsense in the contract and fight it out with the agency if it came to the crunch. Indeed the 12 month restraint of trade could be struck out completely in the event of a dispute, leaving the agency with nothing should you want to go direct which would be a good result...

I've had several discussions with them, and that's exactly what happened. They have either intentionally sent me the opt-out version or have assumed I have opted out, or thought I didn't know what opt in/opt out meant. But when I kindly reminded them that I am opted in, then they suddenly agreed to remove all the clauses. All sorted out now!

contract review - worst one so far