egos® - Legal Services for Contractors, Freelancers, and Performers in the Entertainment & Media industries


As many of our clients work in the above industry, we've developed a good understanding of their specific needs. It's fairly inevitable some of the services we offer have evolved to meet their specific needs. Here are a few of them:

Services of other professionals of use to you, who are willing to work by e-mail:

Articles Roger Sinclair ("egos") has written on legal aspects of contracting in the computing industry (also relevant to entertainment & media freelancers) which have been published in 'Freelance Informer'

So if you think we may be able to help you in any of these ways, mail us with more details. In confidence, of course.

Or if you don't have such a problem right now, but think you might in the future, just add our webpage to your bookmark file, so you can return here quickly and easily - this website is frequently updated.

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Advice on the terms of a New Contract - Fixed price service £300+VAT


This service is intended to cover the situation where you are presented with a contract drafted by someone else (eg an agency, or a client) to sign. Includes, where appropriate, consideration of IR35-angles.

Rule 1: Make sure you understand the contract and all its implications before you sign.

Rule 2: Treat everything in the contract as negotiable until you sign. And don't be afraid to negotiate!

Rule 3: Don't leave home without it - make sure all terms are agreed and signed before you start work.

The way in which we operate this service has been changed recently, in order to try and streamline the process (and thus absorb the additional costs resulting from dealing with the IR35 angles as well as the commercial ones, rather than significantly increase the price).

 

This is now how the Fixed Fee service works:

 

· Make contact with us, either by mail, phone (0845-603-7215) or by fax (020-8020-0211) and let us know the general situation about the proposed contract.

· We email you a questionnaire, which you complete and return – alternatively, just download, complete & email the attached  questionnaire (please don’t use an old one, the content does change from time to time!). 

· You send us a copy of the proposed contract - a 'soft' copy (ie WORD file) if you can get one, but failing that, fax us a copy of the contract - or get the agency or client to fax us direct

· Based on the information you have provided in your questionnaire, we draft revisions to the contract, to cover both commercial and IR35 angles, and mail that to you.  If you have provided a soft copy of the contract, this will be in the form of a WORD document, showing the required changes in redline/strikeout;  if you sent a fax, then the required changes are presented in the form of a table

· You read through this, and then call us to discuss any points arising that you would like to clarify

· You go back to the agency with the required changes, and negotiate the amendments direct with them

 

We offer this service for a fixed price of £300+VAT.

 

The fixed price service is intended to cover the basics, and does not cover eg incidental advice on offshore arrangements for overseas contracts.

 

You may have no difficulties in dealing with the Client/Agency, and be able to handle any negotiations yourself directly and without further input from us.  If however you do feel you need assistance, we can provide it.  There are two ways in which this can be approached:

 

1   you front the negotiations, and just come to us for advice as and when you feel you need it; most contractors choose to deal with it this way – and it is less time consuming for us, hence cheaper for you.

 

This is dealt with as an 'iteration' - which will generally consist of you sending us the document that has been returned;  we double check the differences between that and the document you had sent them;  we consider their further changes, and discuss with you, so you understand the meaning and impact on the overall position, both commercial and IR35, and are able to go back and discuss with them, knowing what is important what is not, and why.  Iterations are changed at a fixed £150+ VAT.

 

2   We front the negotiations, and take instructions from you as required.  This is charged at our normal rate for time-charged work, which at present is £250 per hour +VAT.

 

 

A formal IR35 opinion can be provided on the end result, if required;  the cost of this is £150+ VAT.

 

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Advice and Negotiation of New Contract Terms


The second level of service is as above, but when it comes to the amendments, we take over the negotiations on your behalf, according to what we have agreed should be amended, and we deal direct with the agency or client, copying you in on all mails and correspondence. You are the one who takes the final decisions.

We can't give a fixed price for this level, because it can tend to become a 'how long is a piece of string' question, and depends on how protracted the negotiations become. We charge on a time basis, and our charges in the past for dealing with things in this way have varied from £250 to £500 - it all depends. Although we can't give a fixed price, we can accept a 'ceiling' - ie 'don't let the bill get to more than £x without my ok'. And we can keep you informed of the cost throughout.

Confidentiality applies, of course. We will acknowledge your right of confidentiality in connection with anything you disclose to us, and we will not disclose it to anyone else save to such extent as may be authorized by you or required by law.

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Contract drafting


This service is for when you make an arrangement with a client to work for them direct, without using an agency - and they say 'Have you got a form of contract to cover this that you can send us?'.

You need to be confident that the document you produce will:

We can generally prepare such a document as a 'recyclable', for a fixed fee of £470.00 (including any applicable VAT. Obviously there'd be things we'd need to discuss, but we'd confirm the figure before you committed yourself.

For that you'd get:

The starting point would be to download, complete & email the attached  questionnaire (please don’t use an old one, the content does change from time to time!)

The document is provided as a word processor file - either by e-mail, or on disk - or (if you prefer) on paper.

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Advice on Restriction in Contract


Very often, Freelancers find themselves in the position where they have signed a contract which contains a term restricting their rights to work for the Client, other than through the same agency, for some future period. This can often tie the Freelancer's hands in an unsatisfactory way.

Sometimes such terms are enforceable, and sometimes they are not. The law will look closely at such terms before deciding whether or not they are enforceable.

To understand the effect such a term has in any particular situation, it is necessary to consider the real-world scenario into which the contract fits, and then to carefully review the whole situation, including:

We'll need to see a complete copy of the contract and of any extensions, together with any relevant correspondence (you can fax this on 020-8020-0211); and we'll need a summary of the real-world situation - we suggest by telephone (0845-603-7215) or email.

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Contract HELP!


This service is designed to assist:

If you think you need help here, mail us and we'll discuss it.

We'll charge on a time basis, and although we can't give a fixed price, we can accept a 'ceiling' - ie 'don't let the bill get to more than £x without my ok'. And we can keep you informed of the cost throughout.

If it's straightforward we may not even charge at all.

Confidentiality applies, of course. We will acknowledge your right of confidentiality in connection with anything you disclose to us, and we will not disclose it to anyone else save to such extent as may be authorized by you or required by law.

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This page was last updated on 1st December 2008.

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