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More pitfalls and solutions when negotiating the client’s form of master services agreement

My June 16 article addressed a few common pitfalls faced by public relations firms when they are required to negotiate using their client’s form of contract. This article continues the discussion and addresses the other problems that arise when the PR firm’s client or its procurement group insists that that the agency use the client’s own supplier or vendor agreement. Here are five pitfalls to avoid and the best solutions to deal with them.

(DON’T BE A) SECRET AGENT Problem: The client agreement may include a provision stating that the PR firm is an independent contractor and not an employee of the client. This is generally fine. What is not fine, however, is when the agreement goes on to state that nothing will be deemed to create an “agency relationship.” Where the agency is engaged to perform services on behalf of the client, this language is be problematic.

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