4 ms·
For me, Apress's apparent feeling that the wording of contracts just doesn't matter, and the comment that they "don't modify the standard contract" are huge hug
by Lazare 15y ago
For me, Apress's apparent feeling that the wording of contracts just doesn't matter, and the comment that they "don't modify the standard contract" are huge huge red flags, and I've had major issues in the past with this.
Their seems to be a scarily common school of thought that contracts are, basically, magic incantations to ward off the lawyer demons. You just need to have a contract, sign it, and somehow, magically, everything will be okay.
This is, obviously, not how it works. The wording of a contract is of absolute import; you should never ever sign one without reading it closely, and (ideally) getting a lawyer familiar with the issues to read it over. But I've had more than one boss or client who had a "standard" wildly inappropriate contract they expected me to sign, and when I pointed out some issues would just say "oh, those clauses don't matter"/"don't apply to you"/"just ignore them".
In my experience, confidentiality agreements are especially likely targets for this egregious mentality. "Uh, this contract says that if I throw together a mockup of an iPhone app for you, you will own all the IP/product ideas/designs/technology I develop for the next three years." "Oh, don't worry about that, it's just a standard clause - just sign right here." "...No."
Madness. And yes, most people are playing it honest, and have no intention to try and enforce whatever crazy clause is in the "standard" contract, or invalidate it, or other legal shenanigan. But you just never know...
- wisty 15y agoIANAL, but if you want a "standard" contract, then you just put the deal on paper. Common law and legislation automatically has a framework for "standard" contracts - that's the legal framework that governs your plumber when they fix your leaking tap. If the negotiator doesn't know what terms can be changed (as they are just there to define the deal), and which can't (as they are there to limit legal risk, and can't be changed in any way without upsetting the lawyers), it's a bad sign. Some terms will tend to describe the work (you do X, we pay you Y). The lawyers don't need to touch that, as long as everything is clearly defined (though they will want to check the definitions). It's up to non-lawyers to decide what the deal is. Other terms are less flexible, and describe what the legal situation will be if the shit hits the fan. Stuff like jurisdiction, arbitration, liability, when the contract becomes void, and resolution process. You won't like it (as it's there to cover the other party's ass), but you probably won't get it changed - that's the way their lawyers like to play ball, and the agent you are dealing with won't be able to convince the legal team to change anything without a lot of work.
- pbreit 15y agoI also wonder how much lawyering you want or need for a $1000 and a $2000 contract?