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Client wants me to sign this outside contract. Bad idea?

Community Guru
Douglas Michael M Member Since: May 22, 2015
11 of 33

@Ronald T wrote:
...I always ensure that Upwork policies take precedence in the event of any conflict between the requirements of business agreements outside of Upwork and Upwork policies; in their entirety and including any changes Upwork might make subsequent to business agreements agreed to outside of Upwork...

 


That would be a prudent general policy.

 

I am obliged to insert the usual disclaimer for writers (and other creatives?). Upwork's contractual terms for ownership of creative work imitate the "work for hire" provisions of US copyright law, which otherwise would not apply (because we are not employees and our clients are not our employers). 

A standard writer's contract may include specific carveouts—e.g., portfolio use and/or acknowledgement of "paternity" (de facto vs. de jure authorship)—from the total ownership transfer that is Upwork's default. Such a (negotiable) provision is specifically designed to override the standard contract terms. Upwork has acknowledged in these fora the legitimacy of such provisions.

Active Member
Susannah W Member Since: Mar 17, 2017
12 of 33

Thanks for posting this. I, too, am looking at this kind of a contract. I agreed to write a 250 word article for $15.00 because I wanted to write this one, but the contract was ridiculous, especially for $15! The non-compete clause was the clincher.

Community Guru
Mary W Member Since: Nov 10, 2014
13 of 33

Because I work on very sensitive legal projects, I often sign an NDA which is fine.  I would never sign anything more restrictive than that.

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14 of 33
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At least you know the contracts you sign aren't from the Internet Bar Assn. Lol
Community Guru
Jennifer M Member Since: May 17, 2015
15 of 33

@Susannah W wrote:

Thanks for posting this. I, too, am looking at this kind of a contract. I agreed to write a 250 word article for $15.00 because I wanted to write this one, but the contract was ridiculous, especially for $15! The non-compete clause was the clincher.


 LOL did you sign a non-compete? HAHAHAHA

 

What's funnier though is that the client actually believes anyone is gonna follow it. Nobody is gonna take that stuff seriously.

Community Guru
Douglas Michael M Member Since: May 22, 2015
16 of 33

I've never seen a non-compete clause. One excellent client's brief contract even included a non-non-compete clause, disavowing any control over future work I might do for any other client, including his competitors.

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17 of 33
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I had a client want an NDA and her book wasn't even her own writing and the recipes were created by someone else.

When I was consulting with her about the project and mentioned her manuscript, she asked "what's a manuscript?"

NDA is fine for the ghostwriter and the recipe writer, but completely did not apply to what I would have been doing.

Just say no.
Active Member
Julie W Member Since: Feb 19, 2018
18 of 33

I have have had numerous potential clients do this recently in a bid to not pay freelancers a weekly wage but a monthly one.

 

Also, I have been scammed twice after agreeing to an NDA which was ok. The clients wanted me to transfer money through accounts in my country for them.

 

Beware!

Community Guru
Irene B Member Since: Feb 17, 2015
19 of 33

sounds like they want the convenience of a freelancer with the restrictions imposed on a full -time employee. 

Community Guru
Prashant P Member Since: Sep 29, 2015
20 of 33

Why are people responding to old posts?  How are they even able to find them?

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