3 ms·
First thing to know is - there is no such thing as a "standard contract". It's always useful to have a lawyer look over a contract before you sign it. Then - ne
by tjmc 18y ago
First thing to know is - there is no such thing as a "standard contract". It's always useful to have a lawyer look over a contract before you sign it.
Then - never be afraid to request changes. I've found employers are usually happy to make reasonable contract changes and clarifying things like termination notice periods can benefit both sides.
I've been freelancing since 2002. Some of the common "gotchas" I've seen in contracts to look out for:
1. Anti-competitive clauses (eg. After you work for us you can't work for a competitor for a certain amount of time).
I never agree to these and fortunately here in Australia they're illegal in most circumstances.
2. IP ownership
This relates to your question. I've found employers are most concerned about lock-in. They want to make sure any project work you deliver is their's to use and modify as they please when you're gone. Not unreasonable. It's when they ask for exclusive ownership that you need to be careful. I've often added a clause that distinguishes between project specific deliverables which can be exclusive and the tools and techniques you develop to deliver the project which you share but can also take with you. I've never had an employer refuse that.
3. Termination clauses
Make sure the timeframe for termination (by either party) is in reasonable proportion to the contract term. Eg. I had one contract with (initially) a 1 hour notice period for terminating a six month contract. I asked them if they'd mind extending it to 2 weeks and they were happy to do so. Remember, it's protection for both sides.