How to negotiate rates when you're forced to go through an agency

[Dactylion]

Unless your contract tells you not to in which case you will be in breach.

Would such a clause be enforceable?

There are lots of clauses put in contracts that have very little basis in reality.
Don't they even often have the tacit admission something along the lines of "If any of the clauses in this contract are bulltulip then the rest of it still holds up...."

[Wanderer]

The agency are telling me that they are on a fixed rate, and the client specifies the daily rate themselves. Am I being naive in believing the agent?

They may very well be telling the truth, I've had a few contracts where the agency is on a fixed margin but the bottom line is don't trust anything the agent says.

Talk to the client and find out what the score is. They may tell you to "talk to the pimp" or they may engage in negotiations with you directly, it varies from client to client. I make a point of going to the client direct rather than letting the agency drive the negotiations. Too many times agencies have ripped off both contractor and client....

[tpsman]

I'm usually a good judge of character, and I've had nothing but good feelings from dealing with this agency. Maybe I'm naive!

[Scrag Meister]

Both of my last 2 contracts have been made directly.

Negotiations were all with the client and I got the rate I wanted, so I wasn't really that interested in what the agent was getting on top of that.