Jeffrey A.

Business Attorney & Advisor
Member Since: September 20, 2023

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2 Questions Answered / 2 Recent Answers
November 14, 2023
A: You're correct that your agreement should be fair and beneficial to both parties involved. Often, however, when an independent contractor receives an agreement from a company, that proposed agreement has been drafted to be favorable to the company, because that's the company's primary interest. In order to ensure the agreement is fair and equitable, you'd need to identify the business and legal provisions that are drafted in a way that protects the company but not you, and either strike those provisions entirely (if the terms are unreasonable), or suggest they be written in a mutual form. Some common examples of these provisions are warranty disclaimers, indemnity, limitation of liability, and exclusivity.
November 14, 2023
A: Hi there, Yes, you can modify a consulting agreement by preparing an amendment, and having both you and the independent contractor sign it. The key is having the contractor first agree to any changes in principle, and then making sure the amendment (1) accurately reflects those changes, and (2) includes other standard language ensuring the continued integrity and enforceability of the original agreement.