Originally Posted by Prime Admin Solutions

I've only had one issue with a client and contract - she was a lawyer who wanted to change it in a way which would have put me at risk of being sued (if she could prove negligence and since I thought she could consider a typo negligence even though the contract states that the client is responsible for final proofreading). I told her that I couldn't sign it back on that basis and never heard from her again but it didn't hurt my feelings. I agree with Tess, it is our business and we can choose who we work with.

Hi! I am currently going through a similiar situation with a potential client. I used a standard contract that I ordered from VACOC, but tailored for each client. We reviewed the agreement and at the potential client's request I agreed to make the changes and send a revised agreement. I did so. However, the potential client has changed the agreement to where I no longer have liability protection and to a degree rights as a business owner. It doesn't seem fair to both parties, more so, I (Service Provider). The changes he made to the revised agreement that I sent him was never discussed when we were reviewing the agreement together. I sent him an e mail with the revised agreement attached again stating that I will provide services under the revised agreement final drafting. He sent a e mail back to me stating that he cannot agree to some of the sections after speaking with his attorney, but wants to discuss his contract and work the issues out and proceed from there.

We have been going back and forth on this for days and I have never had this situation arise before. I am kind of stuck on what I should do. Any feedback would be greatly appreciated. Thank you!

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Tishawn
Celestial Caring Enterprises, LLC

Tishawn,

As Tess and several other said - it is your business and you "call the shots."

I'd be a little leery that he is consulting an attorney. Could mean other problems down the road.

Keep us posted.

Carol
CJ's Virtual Business Solutions

I would think since you are a professional, your client shouldn't have any problems signing a contract. I agree...I would not do ANYTHING for that client until a sign contract was in my hand.

Thanks for your responses, Carol and Divine Solutions. Your so right!!! I have decided to not provide services for that potential client.

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Tishawn
Celestial Caring Enterprises, LLC

I don't call it a contract. That makes me people paranoid (for no reason). For projects, it's a Statement of Work (SOW). Clients aren't as up-tight about signing that, but it still covers all I need covered on my end.

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Lisa Morosky
VAforBloggers.com

That is so true Lisa. I don't like using the word "contract" either. I think the word "Agreement" sounds mutually fair and doesn't scare clients away.

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Tishawn
Celestial Caring Enterprises, LLC

virtuallin,

Could I see a copy of your WFH agreement? I think mine must be lacking or maybe just needs more tweaking. My problem isn't getting clients, I have had two great and interested clients, but after I send out the contract I don't hear back. Should I send an invoice accompanying the contract, or not have the price quote in the contract but under separate cover? Thanks a bunch!

Ronni Harris
ronni.harris@rgivirtualsolutio ns.com

Not sure if it would apply, but when creating websites, I usually outline the scope of work that is discussed (ie: colors, images, cost, etc, etc) in detail and have the client sign off on it in agreement. This is avoid scope creep and changes to the project once it's started. If changes are required, then an update to the original agreement is attached to outline additional cost for add ons.

You should have the client sign the contract prior to doing any work for them. As a general note, if something comes up with one client and you get sued, you want to be able to state that all your clients sign a contract, no exceptions. If, say, I was the client suing you and I knew or made the discovery during the law suit you didn't have everyone sign a contract, I would certainly argue that you only had me sign the contract because you knew you were not going to do your best job and wanted to make me pay for shoddy work because I was obligated due to the contract.

In addition to the contract, you might also send a confidentiality disclosure agreement (CDA). That allows both parties to discuss the project and any project plans freely.

Wow!! I have a long way to go! after reading thread after thread I'm pulling my hair out. I have a lot of work to do!!