Contracts
Independent Contractor Agreement
Illinois
How to ensure fairness in a contractor agreement?
I am an independent contractor that is about to enter into an agreement with a company. I am looking to ensure that the agreement is fair and beneficial for both parties. I want to make sure that my rights and responsibilities are clearly outlined in the agreement and that I am not being taken advantage of. I am looking for advice on how to ensure that the agreement is fair and equitable.
1 Attorney answer
Answer
Contracts
Illinois
Jeffrey A.
ContractsCounsel verified
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.