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MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6135
Experience:  Experience in business law, contract law and related matters.
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If you sign on as as independent contractor, and then they

Customer Question

If you sign on as as independent contractor, and then they change the contract do you have any rights?
Submitted: 7 years ago.
Category: Business Law
Expert:  MDLaw replied 7 years ago.
Can you please be more specific and more detailed? Who did you sign on with as an independent contractor? Who changed teh contract and why?
Customer: replied 7 years ago.

I am an independent sales person for a direct sales company. We get paid two ways- 1) for our personal sales and 2) we get a % of our team sales - anyone we recruit who also sells our product.


When I signed on three years ago, in order to get paid on my team, I was required to sell a minimum of $500 in product each month so that I could receive the % on my team. 3 months ago, they told us that starting in Oct. we would be required to sell $1000 in order to get paid.


So, after I have built a large team and this is my main source of income they changed it. My decisions may have been different if I knew that at some point I may not be able to keep up with my personal sales.


I left my full time job to make this my full time job and I am dependent on this income. However, if I had known they might change this things may have been different. I don't think it is right that we signed on under one condition did the work and now they change it.





Expert:  MDLaw replied 7 years ago.
What does your IC agreement state about any changes to the agreement?
Customer: replied 7 years ago.

18. DCD reserves the right to amend this Agreement, Policies and Procedures, the Career Plan, its prices, product and service availability and type at any time without prior notice

as it deems appropriate. Amendments will be communicated to Chocolatiers through official Company publications or voice and email. Amendments are effective and binding

on all Chocolatiers as of the date of issuance. In the event of any conflict between the original documents and policies and any such amendment, the amendment will control.

19. No failure of DCD to exercise any power under this Agreement or to insist upon strict compliance by a Chocolatier with any obligation or provision herein, and no custom or

practice of the parties at variance with this Agreement, shall constitute a waiver of the Company's right to demand exact compliance with this Agreement. Waiver by the

Company can only be in writing signed by an authorized officer of the Company.

20. The Company's waiver of any particular default by a Chocolatier shall not affect or impair the Company's rights with respect to any subsequent default, nor shall it affect in any

way the rights or obligations of any other Chocolatier. Nor shall any delay or omission by the Company to exercise any right arising from default affect or impair the Company's

rights as to that or any subsequent default.

21. To the extent permitted by law, DCD and its affiliates, officers, directors, associates, and other representatives shall not be liable for, and the Chocolatier hereby releases

the foregoing from and waives any claim for loss of profit, incidental, special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to

DCD's performance, non-performance, act, or omission with respect to the business relationship or other matters between the Chocolatier and DCD whether sounding in

contract, tort, or strict liability. Furthermore, it is agreed that any damage to the Chocolatier shall not exceed, and is hereby expressly limited to, the amount of unsold DCD

products and services owned or held by the Chocolatier and commissions owed

Expert:  MDLaw replied 7 years ago.
When you enter into a contract, the terms of that contract govern what rights you have. Thefore, if the agreement states that they can change the terms at any time without any notice, they did not need to give you notice when they changed the terms.

Let me know if you need any further clarification. Otherwise, please remember to hit the ACCEPT button as that is the only way that we get compensated for our time and expertise.
MDLaw and 2 other Business Law Specialists are ready to help you
Customer: replied 7 years ago.
Is there anything at all that can be done or basically they can do what they want when they want? There is absolutely no way around this?
Expert:  MDLaw replied 7 years ago.
The contract itself governs the terms of your relationship with the company.