atw: Re: agency contracts

Hi Daragh,

A contract is not a thing handed down from Moses. It is an instrument 
that is negotiated between contracting parties. 

If you feel pressured into signing, eg, "This job will be taken by 
someone else unless you sign now", walk away. At all times, ask for 
time to consider the agent's contract and be not afeared of offering 
alternate clauses to the Draconian ones the agency wants to exert - 
including having such clauses struck out. 

One agency wanted me to sign away some pretty important rights [the 
rights of each side to terminate on equal grounds and notice] and when 
I asked for removal of the offending clause, the agent had the gall to 
say that this was what the client wanted in the contract, ie, no 
negotiation. I suggested that the agent observe the mistletoe attached 
to my coat-tails. And walked out.

Another agent wanted to hold back pay because I had used 'sexy' 
language in a medical history form. I asked which clause in the 
contract covered use of explicit and relevant language - and offered 
the name of my lawyer. That agent paid up fairly quickly. I will 
release the name of this Melbourne-based agency to private 
enquirers. If eye focus closely, ewe can probably work it out.

Another agent took an inordinate time to pay me - the boss claimed 
to be on holiday. I pointed out that the agent had already been 
paying me within 14 days and that my invoice stated quite clearly 
'2.5% pcm penalty for late payment'. In other words, because the 
agent had paid my previous invoices within the non-penalty period,
the agent had accepted my penalty clause. On one job, the client 
held out for so long, I took her to court and got an eventual 
settlement of $14,000 for an initial invoice of $6,000. The clerk of 
the court tried to get me to withdraw my claim because I was 
seeking interest of over 50% - till I pointed out to this pointy-
headed twerp that it wasn't interest, it was a penalty.

You have rights - possibly even more so now. Don't let shysters
hornswoggle you.

Brian
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