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This is all kind of moot because of how popular DocuSign has become. You get no opportunity to redline anything -- unless the signature-requestor decides to gr
by KirillPanov 6y ago
This is all kind of moot because of how popular DocuSign has become.
You get no opportunity to redline anything -- unless the signature-requestor decides to grant you that permission, which they basically never do, because DocuSign has become "take it or leave it as a service". Sort of like how arbitration has become "no class action as a service". I mean sure, in theory arbitration clauses can allow for class action, but I've never heard of that happening.
You might say that people can always ask for a wording change out-of-band via email, but this neglects the subtle dynamics of contract negotiations -- not just in employment agreements, but elsewhere (my pet example: the aggressive NDAs put forth by semiconductor foundries).
A lot of negotiation is about who ends up looking unreasonable if talks break down, and the reputational cost of appearing unreasonable. If you send back a signed document with a totally reasonable redline, the other side looks unreasonable for not countersigning and moving forward. With DocuSign's "adhesion as a service" the other side will just claim that their legal department doesn't read external emails so they never got your proposal.
- kevincox 6y agoI negotiated a contact using DocuSign (I think, maybe it was a similar service). I could leave comments on points if the page but I often just sent them suggestions via email. DocuSign is focused on signing documents. When we were discussing the details we primarily just went back and forth via email. I'm not sure where feel that the "or leave it" option is any stronger than a paper contract where you send it back unsigned with modifications.
- KirillPanov 6y agoIf you were able to sign it with your own modifications it wasn't DocuSign's wildly popular "take it or leave it" mode.
- kevincox 6y agoMy main point is whether or not you can do it inline it nothing is stopping you from renegotiating. Just because the tool is in "take it or leave it mode" doesn't mean that you actually need to take or leave the offer.
- KirillPanov 6y agoYou don't seem to have read my top-level comment before replying to it. Particularly the third paragraph.