5 Tips For Asking Current Clients To Sign A New Agreement due to COVID-19
With these unprecedented times, we understand that you may want to add new provisions to your current contracts.
First and foremost - you should never feel any hesitation when it comes to adding changes to your contract that you know need to be made because they’ll make both you and your client safer. Understandably, this can feel like an awkward conversation, but it doesn’t have to be - actually, if you follow these 5 tips, it won’t just make your contractual relationship safer; it will raise your level of professionalism in your clients’ eyes, making them trust you more. Here’s how:
What does your contract say about amendments or modifications? You must follow each instruction laid out in the agreement. (For example, do amendments have to be made in writing, via written notice? Do so.). If your contract doesn’t contemplate amendments or modifications, it should.
Explain what you’re adding. Of course, your client must be apprised of each and every addition. (Sign-up below for some suggested COVID-19 updated language.)
DO add COVID-19 provisions. Do NOT change the entire agreement. For the sake of brevity, we’ll leave it at this: amending or modifying a contract is a very grey area in the law. Be clear and straightforward with what you are adding to the contract.
Did you know that a contract must be generally equitable to both parties in order for it to be held up in court? It’s true. If your client is nervous about a modification just because of the fact that it’s a modification, tell them that. You aren’t trying to trap them- you’re trying to protect both of you.
Keep constant and regular communication with your client. This is the most important takeaway from this article. Even if you are in an entirely amicable, friendly relationship, any conversation is a negotiation (one of our favorite authors, Chris Voss, explains this beautifully in his book, Never Split the Difference). Truthfully, no one knows how this pandemic will play out, so let’s set ourselves up for success if things do progress.
Is asking a client to re-sign a new agreement a good idea? Of course, assess the status of your current client relationship - but yes. Not only is this a critical way to keep a close touch on all client relationships (preparing for the future), but truthfully, this pandemic has changed the landscape for us all. Let’s not respond in fear, but instead, preparedness, protecting our clients in every way that we can.
