Posted by Belinda/CA on 12/4/13 1:36pm
Msg #494982
Read what you sign - contracts
Interesting contract verbiage
“Remove, replace, or correct all or any portion of the work or end products found defective or unsuitable, without additional cost or risk to the company."
(I would hate to have some of these signing services decide what is ‘unsuitable.’ Similar to a blank check.)
"The Contractor has the right to perform the Services required by this Agreement at any place or location, and at such times as the Contractor shall determine."
(Really?)
"Within 30 days of the termination of this Agreement, whether by expiration or otherwise, the Contractor agrees to return to the Company all Company products, samples, models, or other property and all documents, retaining no copies or notes, relating to the Company’s business including, but not limited to, reports, abstracts, lists, correspondence, information, computer files, computer disks, and all other materials and all copies of such material obtained by the Contractor during and in connection with its representation of the Company. All files, records, documents, blueprints, specifications, items relating to the Company’s business, whether prepared by the Contractor or otherwise coming into its possession, shall remain the Company’s exclusive property."
(So, anything you normally keep for your records, even notes jotted down about what took place, are their exclusive property and are to be sent to them. Crazy people.)
Read before signing. Especially the new NSAs. Don’t get so excited about signing up with someone you blindly sign your name to whatever they send you. It may come back to bite you.
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Reply by JanetK_CA on 12/4/13 5:05pm
Msg #495018
This sounds to me like it might be some boiler plate verbiage from who knows where. Either they got it online or from a pre-paid legal service or from a lawyer who was cutting corners. OR they wanted to limit legal costs, so they asked for the quick and dirty version.
I'm not an attorney, this is just my impression. I say this because it sounds like it's written generically for other types of businesses. It doesn't sound to me like it takes into consideration the uniqueness of how our part of the industry operates. I imagine many of us could add lots of other outrageous contract terms that we've seen in Agreements that we've been asked to sign.
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