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Comment by anexprogrammer | Hacker News Reader

I don't think I ever signed an agency contract without heavily adjusting some clauses.

I would simply state I can't sign as is. The only times I got pushback (rare) an annotated letter from accountant or PCG (now IPSE I think) contract review and the agency buckled. I also demanded proof that the agency-client contract matched on IR35 terms. Was never once caught by it.

Does the agent want to lose commission? Does the agency want me telling the client direct why I've changed my acceptance?

I realise regulation and the market has changed some since I last contracted, hmm, 8 or 9 years ago. Still can't imagine signing any agency contract as-is, they were always horribly one-sided affairs.

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This. In a business law class my instructor told me you should never sign a contract you are offered. Change it however you like and send it back as an offer. Or if you are being asked to sign something on paper mark it up with your pen, initial each change, and THEN sign it. If they don't like it they don't have to sign it.

Or better yet, if they send it to you electronically, change it however you like, sign it and send it back. If they don't read it it's kind of their problem.

I once got out of a compete clause because the recruiter told me that I should go to the fedex store, pick up this contract, sign it immediately and fedex it back. I asked about having time to read it and he told me not to bother. So I didn't.

When I was hired away by a competitor and he was yelling at me on the phone I reminded him of this. It helped that my new employer had indemnified me and was willing to pay the court costs to fight it for me.

> Or better yet, if they send it to you electronically, change it however you like, sign it and send it back. If they don't read it it's kind of their problem.

It's not really "their problem". The contract can be void because of mistake: https://en.wikipedia.org/wiki/Mistake_(contract_law)

Voiding contracts in these circumstances is usually exactly what the (former) employee wants. Even if there's outstanding payment, voiding the contract doesn't negate the need for payment on at least a quantum meruit basis for work already done.

When I was a freelancer changing the contract was a good way to gauge the level of respect you are receiving. If they say "take it or leave it" or "don't worry about it. It's in the contract but never causes problems" or "this is policy" the client doesn't respect you as a business partner and you will get problems later on. A good client will engage in discussion as long as your changes are not frivolous.

Indeed, I made some changes to a freelance contract once, and the business owner was extremely understanding.

It ended up being the best freelance experience I've had and I would recommend working for them with no hesitation.

OTOH, I've signed "take it or leave it" contracts, and it ended up being a soul-sucking corporate drone kind of affair.

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