Opt-Out Contract Technicalities

[SueEllen]

Reviewing the contract I have it mentioned that I have Opted-Out, I did not and have proof this was done before meeting the client, is it advisable to get this removed from the contract, or to keep the peace just leave in their knowing its not valid?

If:
1. You have the client details and have rung them to tell them you really want the contract, and
2. You have the client details and have rung them to query something in the contract NOT emailed, and
3. You are willing to pay Roger Sinclair to rewrite the contract, and
4. The client does really want you, and
5. You are will ring up NOT email the Department for BIS to complain

Then yes you can have a good fight with the agency, still end up with the role, be opted-out and have better contract clauses overall.

However depending on how badly the anti-competition clause is written it doesn't matter if you are opted-out
as the clause wouldn't stand anyway if tested. So you can be fighting for nothing over the opt-out.

[Scrag Meister]

Every agent I spoke to is Adam Ant .

Prince Charming?

[northernladuk]

That was my thinking, rather than fight a losing battle, just ignore it knowing its not valid

Yeah ,but the problem is you are going to get in to just a long a battle trying to argue that when you need it. You would have to test the 'or supply' element. Every agent I spoke to is adamant it is introduction OR supply so as long as you sign before you start it's valid. I thought I saw an article from Roger Sinclair that states the 'or supply' covers situations where you know the client already and the agent is the new element.

When this happened to me I just hoped that I wouldn't need to call on it at all.

Wanderer will be along in a money with the details of how to complain about the agency but I would have queried as much as I could to the point just before they dropped me for someone that would accept it without question.

[SimonMac]

Tell them they have sent you the wrong contract and you want the Opted In version.... but good luck with that.

Wouldn't be an agency starting with R would it?

That was my thinking, rather than fight a losing battle, just ignore it knowing its not valid

[northernladuk]

Tell them they have sent you the wrong contract and you want the Opted In version.... but good luck with that.

Wouldn't be an agency starting with R would it?

[BolshieBastard]

Reviewing the contract I have it mentioned that I have Opted-Out, I did not and have proof this was done before meeting the client, is it advisable to get this removed from the contract, or to keep the peace just leave in their knowing its not valid?

If the agency is rullion, leave it as is. If you insist on having it taken out, there's a good chance they'll pull you. Of course, I can only theorise they may go to the client and say you were awkward blah, blah, blah and obviously there's an 'allegedly' in there too!

[SimonMac]

Reviewing the contract I have it mentioned that I have Opted-Out, I did not and have proof this was done before meeting the client, is it advisable to get this removed from the contract, or to keep the peace just leave in their knowing its not valid?