Apropos of nothing, it's funny how nearly every single consulting contract I've seen which has been prepared by an attorney on the client side tries to slip in a clause like "you shall not act on our behalf or hold yourself out as having authority to obligate or bind us", when that's actually exactly what they're looking to hire me to do (eg. "Please come manage our projects, employees, customer relationships, vendors, banking relationships, products, research branch" or whatever else the role entails).
You are managing the projects etc. as a service being provided under contract.
You are not being granted actual authority to act as an agent of the company.
The clause they are slipping in actually protects you both. If you are appointed as an agent (expressly or by implication) then you become a fiduciary for them which might give you obligations that aren’t necessary spelled out in the contract.
So, this isn’t a clause most well advised people push back on.
If they do still need to sign on behalf of the company in some discreet situations they look into getting a limited power of attorney instead. Safer and clearer for both parties.
Not legal advice of course. I assume your own attorney would have explained this to you anyway.
Tell us more about this transition? Sounds interesting!
Here are two interviews I've given on the subject:
- https://devjourney.info/Guests/83-ReuvenLerner.html - https://doubleyourfreelancing.com/business-freelancing-episo...
I'm always happy to talk about training. I love it, and recommend that everyone in the consulting world look into it more.
I also have a training newsletter, at https://TrainerWeekly.com/.
Then, about two months later, the client got into an accelerator, where they got free AWS credits. Suddenly, my choice didn't seem as good -- mostly because paying nothing is cheaper than paying something. (Never mind that the vendor I had gone with had stellar service, which was one of the reasons we chose them.)
The client told the cloud provider that I had been unauthorized to speak on the company's behalf (untrue), that no one had told him we were signing a contract (not true), and tried to wiggle out of the contract (which went nowhere). That didn't go anywhere. So he got angry with me, and canceled our consulting agreement.
As it happens, that client was simultaneously trying to figure out how to pay for taxes and pensions, and was getting rid of some other people. So it wasn't a direct cause-and-effect. But it did happen.
And this is yet another reason why I've been delighted to get out of the "regular" consulting world, and switch to only doing training.