Originally posted by SimonMac
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Reply to: Handcuff clauses....
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Previously on "Handcuff clauses...."
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If Agent C wasn't involved in the new role they have absolutely no say in the matter. They cannot handcuff you to something they don't have just for the sake of it.
What exactly are they going to lose if you got for the gig with agent B? They will lose their commission for the role you are in for sure but they would lose that if you gave notice and went anywhere else. The fact its the same client is a red herring.
Won't the be able to back fill you with someone else and carry on getting paid?.
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No it doesn’t.
You have started negotiation which in some ways might be helpful, but it’s also evidence.
Did you mark your offer as ‘without prejudice’? I presume not as you’re asking.
But that phrase allows you to engage in negotiation in a way that cannot be used as evidence in court.
You have basically admitted what you plan on doing, the fact it’s a breach, and accepted financial liability for it.
All that’s left is the price it will cost you.
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Handcuff clauses....
Ok so this old chest nut
I’m with client A, the have a PSL agent B and they have shipped out my role to Agent C with whom I have my contract with.
Client A wants me to apply for a different role, which Agent B is going to approach me for. Agent C is asking for a cut which Agent B isn’t happy with and Client A doesn’t want the headache so won’t get involved.
Opt out was not done right, so I’m only tied to the standard 14 weeks, I’m happy to pay Agent C their cut x 14 weeks so I can take the other role.
I know most of the times this comes down to hot air rather than legal, but if it does go that far, does the fact I was willing to “buy out their clause” help me in anyway of it ever goes the full course?
In the good old days I could just was what’s your cut x 70, but as I’m on a deliverables schedule rather than T and M I think this is going to be a non-starterTags: None
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