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	<title>
	Comments on: Stupid Clauses and Clients Who Push Them	</title>
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	<link>https://wordsonpageblog.com/2011/01/stupid-clauses-and-clients-who-pus.html</link>
	<description>a freelance writing resource.</description>
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		<title>
		By: Asis Bapi		</title>
		<link>https://wordsonpageblog.com/2011/01/stupid-clauses-and-clients-who-pus.html#comment-13828</link>

		<dc:creator><![CDATA[Asis Bapi]]></dc:creator>
		<pubDate>Sat, 31 Jan 2015 10:23:01 +0000</pubDate>
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					<description><![CDATA[I absolutely will NOT sign non-competes. it is MY job to have a very large policy to cover any type of accident, act of God, actor screw-up, tech mess, etc.&lt;br /&gt;&lt;a href=&quot;http://www.medmalpractice.us/&quot; rel=&quot;nofollow&quot;&gt;Contractors General Liability Insurance&lt;/a&gt;]]></description>
			<content:encoded><![CDATA[<p>I absolutely will NOT sign non-competes. it is MY job to have a very large policy to cover any type of accident, act of God, actor screw-up, tech mess, etc.<br /><a href="http://www.medmalpractice.us/" rel="nofollow">Contractors General Liability Insurance</a></p>
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		<title>
		By: Jennifer Mattern		</title>
		<link>https://wordsonpageblog.com/2011/01/stupid-clauses-and-clients-who-pus.html#comment-7396</link>

		<dc:creator><![CDATA[Jennifer Mattern]]></dc:creator>
		<pubDate>Mon, 24 Jan 2011 03:04:02 +0000</pubDate>
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					<description><![CDATA[Harper Collins can take their &#034;public conventions&#034; and stick &#039;em. Things like these are really making the case for indie publishing stronger every day. As for the freelance side, I hope most freelancers are smart enough to know better (they&#039;re business owners after all, and that&#039;s their responsibility). If we don&#039;t respect our own rights as freelance professionals, no one else will. That&#039;s much of the problem with anything from content mills to book publishing nowadays.]]></description>
			<content:encoded><![CDATA[<p>Harper Collins can take their &quot;public conventions&quot; and stick &#39;em. Things like these are really making the case for indie publishing stronger every day. As for the freelance side, I hope most freelancers are smart enough to know better (they&#39;re business owners after all, and that&#39;s their responsibility). If we don&#39;t respect our own rights as freelance professionals, no one else will. That&#39;s much of the problem with anything from content mills to book publishing nowadays.</p>
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		<title>
		By: Devon Ellington		</title>
		<link>https://wordsonpageblog.com/2011/01/stupid-clauses-and-clients-who-pus.html#comment-7394</link>

		<dc:creator><![CDATA[Devon Ellington]]></dc:creator>
		<pubDate>Sat, 22 Jan 2011 12:54:31 +0000</pubDate>
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					<description><![CDATA[Lori,  it&#039;s in addition to being the Fair Consumer Treatment Bitch from Hell.&lt;br /&gt;&lt;br /&gt;Regarding insurance -- when I produce shows, it is MY job to have a very large policy to cover any type of accident, act of God, actor screw-up, tech mess, etc., etc.  It is MY job because I am creating the work environment.  I am creating the &#034;house.&#034;&lt;br /&gt;&lt;br /&gt;When I come into someone else&#039;s &#034;house&#034;, it is their job.  I am not going to sign something that tells me I have to carry the financial, emotional, and social burden of the work environment created by someone else.]]></description>
			<content:encoded><![CDATA[<p>Lori,  it&#39;s in addition to being the Fair Consumer Treatment Bitch from Hell.</p>
<p>Regarding insurance &#8212; when I produce shows, it is MY job to have a very large policy to cover any type of accident, act of God, actor screw-up, tech mess, etc., etc.  It is MY job because I am creating the work environment.  I am creating the &quot;house.&quot;</p>
<p>When I come into someone else&#39;s &quot;house&quot;, it is their job.  I am not going to sign something that tells me I have to carry the financial, emotional, and social burden of the work environment created by someone else.</p>
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		<title>
		By: Lori		</title>
		<link>https://wordsonpageblog.com/2011/01/stupid-clauses-and-clients-who-pus.html#comment-7393</link>

		<dc:creator><![CDATA[Lori]]></dc:creator>
		<pubDate>Fri, 21 Jan 2011 19:41:22 +0000</pubDate>
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					<description><![CDATA[Give &#039;em hell, Paula!&lt;br /&gt;&lt;br /&gt;Wendy, I bet money someone would sign it anyway!&lt;br /&gt;&lt;br /&gt;Anne, great advice. The squeaky wheel not only gets the grease - it gets sued!]]></description>
			<content:encoded><![CDATA[<p>Give &#39;em hell, Paula!</p>
<p>Wendy, I bet money someone would sign it anyway!</p>
<p>Anne, great advice. The squeaky wheel not only gets the grease &#8211; it gets sued!</p>
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		<title>
		By: Paula		</title>
		<link>https://wordsonpageblog.com/2011/01/stupid-clauses-and-clients-who-pus.html#comment-7392</link>

		<dc:creator><![CDATA[Paula]]></dc:creator>
		<pubDate>Fri, 21 Jan 2011 17:51:35 +0000</pubDate>
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					<description><![CDATA[Wendy may be joking, but whenever I&#039;m registering online and have to click to box to agree to terms, I read the terms just to make sure something as ridiculous as &#034;sell your soul&#034; isn&#039;t one of them. (Some bored contract writer will one day put something ridiculous in just to see if anyone actually reads the fine print.)&lt;br /&gt;&lt;br /&gt;In 2008, I received an offer to give a writing presentation at a local public library. They sent me a contract and an insurance waiver. I had confirm that I had workers comp insurance and liability insurance in excess of $2 million OR sign a waiver accepting full liability for anything occurring on library grounds on the date in question (nothing in the wording suggested a time limit, or any particular spaces), and even included the phrase, &#034;..including normal wear and tear.&#034; &lt;br /&gt;&lt;br /&gt;Excuse me? A library that doubles as an informal day camp for th homeless and is full of books being used and abused on a daily basis wanted me to assume blanket liability for everything? For a $150 stipend? That couldn&#039;t be right.&lt;br /&gt;&lt;br /&gt;Certain I was mis-interpreting it, I had a friend who&#039;s a paralegal read it. She said not to sign it. &lt;br /&gt;&lt;br /&gt;From speaking with some of the library&#039;s past presenters, I learned only one had ever been asked to sign the waiver - she refused and they still let her present, just as I had done one time previously. This time I refused and heard, &#034;Buh-bye.&#034; &lt;br /&gt;&lt;br /&gt;Perhaps their reaction had to do with the way I refused...I complained to the Mayor&#039;s office (which oversees the local libraries) saying I assumed my hard-earned tax dollars were already paying for the facility to be properly insured.]]></description>
			<content:encoded><![CDATA[<p>Wendy may be joking, but whenever I&#39;m registering online and have to click to box to agree to terms, I read the terms just to make sure something as ridiculous as &quot;sell your soul&quot; isn&#39;t one of them. (Some bored contract writer will one day put something ridiculous in just to see if anyone actually reads the fine print.)</p>
<p>In 2008, I received an offer to give a writing presentation at a local public library. They sent me a contract and an insurance waiver. I had confirm that I had workers comp insurance and liability insurance in excess of $2 million OR sign a waiver accepting full liability for anything occurring on library grounds on the date in question (nothing in the wording suggested a time limit, or any particular spaces), and even included the phrase, &quot;..including normal wear and tear.&quot; </p>
<p>Excuse me? A library that doubles as an informal day camp for th homeless and is full of books being used and abused on a daily basis wanted me to assume blanket liability for everything? For a $150 stipend? That couldn&#39;t be right.</p>
<p>Certain I was mis-interpreting it, I had a friend who&#39;s a paralegal read it. She said not to sign it. </p>
<p>From speaking with some of the library&#39;s past presenters, I learned only one had ever been asked to sign the waiver &#8211; she refused and they still let her present, just as I had done one time previously. This time I refused and heard, &quot;Buh-bye.&quot; </p>
<p>Perhaps their reaction had to do with the way I refused&#8230;I complained to the Mayor&#39;s office (which oversees the local libraries) saying I assumed my hard-earned tax dollars were already paying for the facility to be properly insured.</p>
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		<title>
		By: Anne Wayman		</title>
		<link>https://wordsonpageblog.com/2011/01/stupid-clauses-and-clients-who-pus.html#comment-7391</link>

		<dc:creator><![CDATA[Anne Wayman]]></dc:creator>
		<pubDate>Fri, 21 Jan 2011 17:35:47 +0000</pubDate>
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					<description><![CDATA[Most of those clauses aren&#039;t, probably, even enforceable... the couple of times it looked like I might be sued for some sort of breach I&#039;ve just shut up... ultimately nothing happened. I&#039;ve also been known to refuse certified mail. Twice in my life I think.]]></description>
			<content:encoded><![CDATA[<p>Most of those clauses aren&#39;t, probably, even enforceable&#8230; the couple of times it looked like I might be sued for some sort of breach I&#39;ve just shut up&#8230; ultimately nothing happened. I&#39;ve also been known to refuse certified mail. Twice in my life I think.</p>
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		<title>
		By: Wendy		</title>
		<link>https://wordsonpageblog.com/2011/01/stupid-clauses-and-clients-who-pus.html#comment-7389</link>

		<dc:creator><![CDATA[Wendy]]></dc:creator>
		<pubDate>Fri, 21 Jan 2011 16:58:50 +0000</pubDate>
		<guid isPermaLink="false">http://loriwidmer.com/wordsonpage/index.php/2011/01/stupid-clauses-and-clients-who-pus.html/#comment-7389</guid>

					<description><![CDATA[Why don&#039;t they just add this clause- “You will, henceforth, relinquish your soul per all terms of this covenant, as we/she/he/it see fit, whether terms are agreed upon by signer or not. We reserve all rights to dictate how, where, when, why and what duties you perform daily, whether personal or work related,  from this moment on.”  &lt;br /&gt;&lt;br /&gt;It&#039;s one thing to protect your business interests, including those regarding reputation, but you can definitely take it too far. I would suspect a lot of writers would skim it through, find out they don&#039;t understand a word of it and just sign it anyway. Then wonder why their soul now belongs to someone else. I admit, I don&#039;t always understand every little detail, but I have learned to ask others before assuming it&#039;s okay.]]></description>
			<content:encoded><![CDATA[<p>Why don&#39;t they just add this clause- “You will, henceforth, relinquish your soul per all terms of this covenant, as we/she/he/it see fit, whether terms are agreed upon by signer or not. We reserve all rights to dictate how, where, when, why and what duties you perform daily, whether personal or work related,  from this moment on.”  </p>
<p>It&#39;s one thing to protect your business interests, including those regarding reputation, but you can definitely take it too far. I would suspect a lot of writers would skim it through, find out they don&#39;t understand a word of it and just sign it anyway. Then wonder why their soul now belongs to someone else. I admit, I don&#39;t always understand every little detail, but I have learned to ask others before assuming it&#39;s okay.</p>
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		<title>
		By: Lori		</title>
		<link>https://wordsonpageblog.com/2011/01/stupid-clauses-and-clients-who-pus.html#comment-7387</link>

		<dc:creator><![CDATA[Lori]]></dc:creator>
		<pubDate>Fri, 21 Jan 2011 15:52:31 +0000</pubDate>
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					<description><![CDATA[Susan, $2M? Are they serious? That&#039;s nuts! Either the writers who complied were crazy or lying. I&#039;m not so sure they can purchase that easily. BTW, I tried visiting your site today, but couldn&#039;t access it. I&#039;m not ignoring you!&lt;br /&gt;&lt;br /&gt;Excellent point, Kathy. Desperation and fear of saying no is a big motivator, and it has no place in business.]]></description>
			<content:encoded><![CDATA[<p>Susan, $2M? Are they serious? That&#39;s nuts! Either the writers who complied were crazy or lying. I&#39;m not so sure they can purchase that easily. BTW, I tried visiting your site today, but couldn&#39;t access it. I&#39;m not ignoring you!</p>
<p>Excellent point, Kathy. Desperation and fear of saying no is a big motivator, and it has no place in business.</p>
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		<title>
		By: Irreverent Freelancer		</title>
		<link>https://wordsonpageblog.com/2011/01/stupid-clauses-and-clients-who-pus.html#comment-7386</link>

		<dc:creator><![CDATA[Irreverent Freelancer]]></dc:creator>
		<pubDate>Fri, 21 Jan 2011 15:26:55 +0000</pubDate>
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					<description><![CDATA[I absolutely will NOT sign non-competes. I&#039;ve had them reworded to my liking a few times. Other times, I&#039;ve had to walk. I&#039;m like Devon. I scrutinize every word in a contract before I sign, and if I don&#039;t like it, I ask for it to be removed or reworded. If it&#039;s not, I bow out, even if I&#039;ve already invested a lot of my and the client&#039;s time in securing the assignment. But here&#039;s an important point to consider: If you have to jump through hoops with a client over a contract, chances are they&#039;re going to be extremely difficult to work with throughout the duration of the project. Contract wording is a big red flag for me and one I take very seriously.&lt;br /&gt;&lt;br /&gt;As for HarperCollins&#039; moral clause, I give it my infamous &#034;Screw You!&#034; That being said, I&#039;ve heard a lot of authors are fighting it and getting it removed. &lt;br /&gt;&lt;br /&gt;Final point: Don&#039;t be so desperate to secure a job or to get a book published that you sign your life away. Remember you&#039;re a freelancer. That means no one else gets to tell you how you work or how to live your life. Period.]]></description>
			<content:encoded><![CDATA[<p>I absolutely will NOT sign non-competes. I&#39;ve had them reworded to my liking a few times. Other times, I&#39;ve had to walk. I&#39;m like Devon. I scrutinize every word in a contract before I sign, and if I don&#39;t like it, I ask for it to be removed or reworded. If it&#39;s not, I bow out, even if I&#39;ve already invested a lot of my and the client&#39;s time in securing the assignment. But here&#39;s an important point to consider: If you have to jump through hoops with a client over a contract, chances are they&#39;re going to be extremely difficult to work with throughout the duration of the project. Contract wording is a big red flag for me and one I take very seriously.</p>
<p>As for HarperCollins&#39; moral clause, I give it my infamous &quot;Screw You!&quot; That being said, I&#39;ve heard a lot of authors are fighting it and getting it removed. </p>
<p>Final point: Don&#39;t be so desperate to secure a job or to get a book published that you sign your life away. Remember you&#39;re a freelancer. That means no one else gets to tell you how you work or how to live your life. Period.</p>
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		<title>
		By: Susan Johnston		</title>
		<link>https://wordsonpageblog.com/2011/01/stupid-clauses-and-clients-who-pus.html#comment-7385</link>

		<dc:creator><![CDATA[Susan Johnston]]></dc:creator>
		<pubDate>Fri, 21 Jan 2011 15:01:01 +0000</pubDate>
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					<description><![CDATA[I had a big corporate client insist that I buy $2M worth of workers&#039; comp insurance and other stuff. Seriously?! When I explained that it wasn&#039;t relevant to the work I&#039;d be doing, they told me &#034;none of our other writers had a problem with that clause.&#034; I wrote back saying, &#034;then none of your other writers read the contract very closely. Based on the pay rate for this project, I&#039;d be curious where these writers were getting that much insurance coverage?&#034; They dropped that clause. &lt;br /&gt;&lt;br /&gt;I&#039;m also wary of indemnification clauses and non-compete clauses that are too broadly worded. After all, I&#039;m a freelancer, so limiting my ability to do business with other clients is a real problem for me.]]></description>
			<content:encoded><![CDATA[<p>I had a big corporate client insist that I buy $2M worth of workers&#39; comp insurance and other stuff. Seriously?! When I explained that it wasn&#39;t relevant to the work I&#39;d be doing, they told me &quot;none of our other writers had a problem with that clause.&quot; I wrote back saying, &quot;then none of your other writers read the contract very closely. Based on the pay rate for this project, I&#39;d be curious where these writers were getting that much insurance coverage?&quot; They dropped that clause. </p>
<p>I&#39;m also wary of indemnification clauses and non-compete clauses that are too broadly worded. After all, I&#39;m a freelancer, so limiting my ability to do business with other clients is a real problem for me.</p>
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