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can "both" save me from a 1-sided contract

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bradleyedaniel

Junior Member
What is the name of your state? TN

I am considering going to work for a company that want's me to sign a one sided contract. However, I believe they made an error on paragraph 12 by saying that "both" parties can cancel the contract at any time instead of "either". Can this error make it so that they can never cancel my contract unless I want to also?

This is the contract:
March 31, 2005

RE: Independent Contractor

As an Independent Contractor these are our terms:

1. No supervision or control over how you achieve your results will be given by Employer.
2. We will not provide training on how to do the work.
3. You will have your own working hours
4. We will not dictate where you should perform your work.
5. No meetings will be required for you to attend.
6. No Manual or other rules will be given as an Independent Contractor.
7. We will not reimburse business expenses.
8. We will not provide any benefits such as health insurance, vacation or sick days.
9. Any accounts that Employee has established for Employer. will become the property of Employer.
10. We will pay 10% straight commission on new accounts that you establish only, and when payment has been received. This commission will be paid on all sales generated by all account setup by Employee, even if the orders are made directly to Employer and processed by another employee. Once account has been setup (established) by Employee will be paid 10% of all of their orders (monthly) until such time of termination of contract.
11. We will not provide tools or business cards. However a limited number of catalogs will be provided to assist with new account setup.
12 This contract can be terminated anytime by both parties in writing. At that time all new customers that have been (established) by Employee are the property of Employer. Therefore no royalty will be given after termination of contract.
However we hope for a long and beneficial relationship that will provide both growth and satisfaction.


By signing below indicates you accept this contract.


________________________________ ________________
 


BelizeBreeze

Senior Member
This is a trainwreck waiting to happen. It is very clear to me that an idiot with no legal training drafted this CONTRACT.

Find someone with a modicum of intelligence to work for.
 

bradleyedaniel

Junior Member
Yes, it's quite clear that they didn't have anyone with legal experience write this contract. However, I have an opportunity to make a lot of money with this company as long as they keep paying me the 10%. But, that's the problem. After I have gotten them a couple hundred retail outlets selling their product, they apparently want the ability to simply cancel my contract and keep the 10% on all future sales. But, what I am hoping for, is that they cannot cancel my contract because of the word "both" on paragraph 12. The way I read it, it requires both of us to cancel the contract in writing not just one party.
By the way, although I live in TN, this company is in Ca.
 

cbg

I'm a Northern Girl
Take the contract to an attorney licensed to practice in Tennessee and see what he has to say about it.
 

BelizeBreeze

Senior Member
cbg said:
Take the contract to an attorney licensed to practice in Tennessee and see what he has to say about it.
Sweetcheeks, even in Tennessee, the minute an attorney reads this 'contract' one of two things will happen.

1. The attorney will tell him just what I did or;
2. the attorney, when he / she stops laughing, will die of a coronery.
 

cbg

I'm a Northern Girl
I don't question that for a minute.

But I doubt the employer is going to be too impressed when our poster walks in and says, "Belieze Breeze says...." You're good, but I don't think your influence stretches that far.

Whereas if he walks in with the contract rewritten properly, or at least offers the opinion of an attorney they can look up in Martindale Hubbard, it might get him somewhere.
 

bradleyedaniel

Junior Member
I think, if I send them a professionaly written contract, they're going to duck for cover and wait for somebody else who won't bother questioning the contract. I believe, it's this contract or nothing. So once again, does the "both" in paragraph 12 save my wagon train when they decide to pull the rug from under me or not. The reason I am not just walking away is that I could easily be over 200k a year a couple of years down the road (sorry can't give specifics).
So when they try to cancel my contract (ending the 10% commission of all retail outlets I setup for them) can I beat them with this contract or not!
 

cbg

I'm a Northern Girl
If you are looking for a definite, Yes, the word "both" definitely invalidates the contract, or No, the word "both" does not invalidate the contract, you're not going to get one here.

The intent is clear, even if it's poorly worded. There's no guarantee how a judge is going to rule on any given subject.

I agree with Belieze that this is a very poorly worded contract and *probably* will not stand up. But very little in the law is absolute.

I say again, show it to a local attorney for his opinion.
 

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