Posted by RJE/MI on 3/26/10 4:04pm
Msg #329135
Closing Agent Engagement Package
I have been sent a couple of emails from Finity in Columbia, MD asking me to sign up with them. 2 days ago I got a call from them asking me if I would like to sign with them. I told them to send me the Email again because I couldn't remember why I didn't do it in the first place.
Before we hung up she told me not to mind the item where it stated I needed $100k in E&O. She also told me the faster I completed it the better for me.
After I printed it and looked at it closer I realized why I didn't sign it in the first place. There are a lot of requirements that I don't feel comfortable with and chose again not to sign it and send it out.
I got another call from them today asking again if I would fill it out and I told her I had some concerns about signing it. The girl was real friendly and said she already knew of 2 things that probably would bother me and told me what they were. She then told me not to worry about those items.
I told her I would go over them again and highlight the rest that concerns me and call her back when I have more time.
I just wonder if she has been pushing other NSAs to fill this out? Sounds like she has some jobs to fill and can't.
I read on here somewhere that someone just went over all the concerns with their agreement and Finiti told them don't worry about it. This seems strange to me. Why have an agreement that so many NSAs have a problem with and just let them make any changes they want to it. Except of course their fee.
One of the paragraphs that I feel uncomfortable is the following:
Service Provider agrees to
Indemnify and hold harmless Finiti, its
Successors, assigns, affiliates, and their
respective clients, directors, officers,
employees, agents, and subcontractors from
and against any and all action or threatened
action, suits or proceeding arising out of or
related to Service Provider's performance of its obligations under this Agreement and
against any and all claims, losses, costs,
and expenses that result from Service
Provider's negligence, or willful or intentional
acts or failure to act in performing and
providing the Services pursuant to this
Agreement. This section shall survive the
termination of this agreement.
I'm not sure if that actually means only something negligent that I do willingly or anything that could possibly come up that may come back on them.
Any opinions are greatly appreciated.
Got to go sign now. Finally a busy end of the month. I almost forgot how it feels. 
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Reply by LKT/CA on 3/26/10 8:17pm
Msg #329171
<<<Before we hung up she told me not to mind the item where it stated I needed $100k in E&O........The girl was real friendly and said she already knew of 2 things that probably would bother me and told me what they were. She then told me not to worry about those items.>>>
If you want to protect yourself, have this SS *rewrite* the service provider agreement, then sign it. Don't just take the scheduler's word for it "not to worry about those items". James (notarysigner) wouldn't sign such an agreement with a different SS and the SS utilized his notary services anyway. When it came time to pay up, the SS refused to pay unless James signed their agreement.
This SS you're dealing with may hold your pay hostage until you sign their agreement as it stands, then the scheduler will have amnesia when you call her out on what she verbalized. I strongly suggest you have the agreement rewritten - not just cross out what you disagree with.
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Reply by Lee/AR on 3/27/10 3:22am
Msg #329191
Agree w/GA Atty & Ilene
A 'contract' reflects a meeting of the minds. They have 'this' and you say 'that' = no contract.
If they accept your 'that' by hiring you...they've accepted your change to their contract. You have every right to change their contract and, conversely, they have every right to not hire you due to your changes.
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