Reaching consensus

At AssistU, there's a spirited and juicy conversation going on about a Virtual Assistant with a PC (potential client) who would like her to sign an agreement he draws up, rather than signing her standard client agreement. She said she's fundamentally ok with doing that, but some other AU VAs are saying that for them, his request is a red flag, and potentially shows that he doesn't see her as a business owner, and is a control freak who may always want to do things his way.

I thought maybe some of you would benefit from seeing what I shared from my POV.

Bit O’Moxie: You have your business standards. The client has his own. You both can't get everything you want--it's categorically impossible. And so there has to be a bit of give and take. And how that happens is up to the two of you, but it will happen if you enter into a relationship. That it's happening in advance is ok, too, as it gives you both the opportunity to see how you'll work through things that come up in the relationship when you don't exactly see eye to eye.

To act like its happening in advance means that the client doesn't respect you is hogwash. I mean, the client may NOT respect you, but this thing doesn't necessarily mean that. Nor does his wanting to use his agreement mean he's a control freak any more than your wanting to use your agreement means that you're a control freak. You're simply two people who want what's best for your businesses; frankly, that's as it should be.

So, you can have conversations about the places where you both want something different, and see if you can reach a consensus—walking away only if you can't. Or, you can skip the conversation, see everything as red flags, and immediate kick to the curb anyone who doesn't want to do things your way.

If everything else is good enough to lead you to be at the place where you're talking about signing an agreement, you want to work with the PC, and he with you. So I urge you to have the conversations and see what you can make happen. Moving through a situation like this together will simply make your relationship stronger on the back end.

Comments

[Karen Del'Marmol]

I like what you said, Stacey. Almost everything in life requires some give-and-take - compromise. Compromise doesn't have to mean becoming less. It can mean becoming more by combining the best of at least two. I'll remember this.

[Danielle Keister]

For me, there would be red flags, but only in the sense that I would view this client as someone who simply needs to be educated. I wouldn't automatically assume they are being disrespectful of me as a business owner. In view of the marketplace education that is happening right now in our industry, it doesn't surprise me that he is looking upon the VA as an employee.

I think this client just needs some friendly education so that he understands he is essentially working with a vendor rather than hiring an employee, and that it is the vendor's position to propose the contract, not the customer's. Terms, of course, can always be negotiated, but it's never the customer's position to propose the contract.

Looking at it another way, can anyone think of any vendor or service provider they patronize where you go in saying "Here, sign MY contract." I mean that humorously, but seriously, if any of us did that we'd be politely laughed out of the office.

On top of it not being the client's place to offer a contract, as independent contractors who need to protect that legal status, it's really important that we not give any appearance of being an employee. Client's sign OUR contracts, not the other way around.

Now, of course, I don't know all the details of this particular situation, but I will say that only one circumstance comes to my immediate mind where it's appropriate for a customer/client to ask you to sign something and that's when it's simply a confidentiality/nondisclosure agreement. And the usual legal advice applies--it's always best practice to have an attorney review anything before you sign to make sure you know what you're signing and that you aren't giving up any of your important interests.

[Stacy]

Karen and Danielle, great comments! Wow! Thanks so much for adding to the conversation.

Danielle, thanks, too, for a viewpoint I hadn't considered.

Stacy