https://github.com/cweagans/Contract
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Ask HN: Could you share your general purpose development contracts?
51–54 of 54 posts
Re: Ask HN: Could you share your general purpose development contracts?
#52These days, I usually have a recorded sit-down (in person or over the phone) and discuss very specific details with the client and inform them that this recorded conversation will be the basis for the beginning of an agreement. We then share the recordings with them, along with a written summary of the agreement. Fortunately we've never had to go to court, but I'm told by my lawyers that this will hold up just fine.…
That's very interesting. Are your clients typically open to this, or do you run into any resistance?
I haven't yet, but some clients come to me with a contract in hand instead of doing a recording - I surmise these are the ones that are likely to object and I don't usually even ask.
Typically, I'll still sign their boilerplate, but I ask that things like NDA, work-for-hire, and non-compete are either eliminated or toned down such as to still clearly permit unmitigated action in the open source space.
The last time I did a "recorded contract" was over a year ago, which makes me now feel sheepish about saying "these days." :-)
I don't think it will be the last though, and I do highly recommend it.
Re: Ask HN: Could you share your general purpose development contracts?
#53The ones I use are on the sidebar of my blog; which I posted in conjunction with an article I wrote ( Deconstructing the Consulting Contract ) for a print publication called Fusion Authority Quarterly Update (FAQU): http://www.jeffryhouser.com/download.cfm/dir/software/file/c... . I do not know if the article is still available anywhere; it is from 2005. [Maybe I should update said documents; but primarily very littl…
What rights do they ask for that you refuse to give away?
Some of it is covered in the article; for example I once had a prospect want me to sign a web dev firm want a non-complete which said I wouldn't work in any industry they work in. I believe every client I've had before / after would classify. I'm not going to sign away my right to take on clients.
I've seen IP ownership clauses that say the client owns everything I create, whether or not it was done for them. These clauses are written in such a way that the client could claim ownership of work I did for other clients, my blog posts, podcasts, books I've written, and even things that have nothing to do with tech, such as songs I've written and/or recorded.
I try to make such IP transfer clauses as specific to the work I do for the client as possible.
Re: Ask HN: Could you share your general purpose development contracts?
#54I work on small projects (from $5k to $50k) and have no formal contracts. My thinking is that: - the client can afford more expensive lawyers than I can, so regardless of the truth they would be able to wipe me out - if the client has to read the detail of the contract, it's probably too late to save the relationship anyway - maintaining the relationship is everything, being honest and open and striving to maintain a…
Please watch this: https://vimeo.com/22053820