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* '''It isn’t good news''': Second, it states a faintly unpalatable reality. Undeniable though it may be, no-one likes a downer, so why take it upon yourself to be the messenger of unwelcome news, however inevitable? ''[[Don’t be that guy]]''. Remember, your best case scenario as a messenger of [[Tedium|boring]] of bad news is ''you don’t get shot''. | * '''It isn’t good news''': Second, it states a faintly unpalatable reality. Undeniable though it may be, no-one likes a downer, so why take it upon yourself to be the messenger of unwelcome news, however inevitable? ''[[Don’t be that guy]]''. Remember, your best case scenario as a messenger of [[Tedium|boring]] of bad news is ''you don’t get shot''. | ||
* '''You’re asking for [[mark-up]]''': Third, it ''obliges'' your counterparty to read it, and ''invites'' her lawyer to fiddle with it. That ornamentation ''might'' be harmless, but simply [[tedious]] — [[for the avoidance of doubt]] — but it might not: “except in the case of the service provider’s fraud, negligence of wilful default...” It might even give her some ideas that she should for some reason not'' be responsible for her own costs of the transaction; ideas that had ''you'' not mentioned it, would not have popped into her head. But in no case will it be beneficial to you or your client.'' | * '''You’re asking for [[mark-up]]''': Third, it ''obliges'' your counterparty to read it, and ''invites'' her lawyer to fiddle with it. That ornamentation ''might'' be harmless, but simply [[tedious]] — [[for the avoidance of doubt]] — but it might not: “except in the case of the service provider’s fraud, negligence of wilful default...” It might even give her some ideas that she should for some reason not'' be responsible for her own costs of the transaction; ideas that had ''you'' not mentioned it, would not have popped into her head. But in no case will it be beneficial to you or your client.'' | ||
===So help me=== | |||
If you have a choice between, on one hand, sounding like a boarding school matron addressing recalcitrant schoolboys with a wooden spoon and, on the other, ''not'' sounding like that, our advice is when addressing your clients it is better ''not'' to. | |||
Thus if you have the choice between: | |||
{{quote|You hereby indemnify, hold harmless and keep indemnified, and held harmless, jointly and severally us, our affiliates and our and their respective employees, agents, advisers and associates from and against all claims, actions, proceedings, requests, demands, criticisms, innuendoes, slurs injuries, flesh-wounds, incapacities, inconveniences, disappointments, penalties, free-kicks ([[Direct|direct]] or [[indirect loss|indirect]]) liabilities, losses, damages (direct or indirect), costs [[and/or]] expenses arising or alleged to arise from, under, out of, in connection with or in relation to the Agreement, our services under it or any other matter or activity of [[any type, kind or variety]] referred to contemplated by or derivable by inference from the Agreement, any services act or thing done in connection with it or which arise out of any breach, alleged breach [[constructive]] breach of any of your, or your affiliates, agents, servants or advisers obligations, duties or any warranties arising in contract, tort, equity or other tenets of natural, retributive, distributive or restorative justice now in existence or hereafter emerging whether under the terms of or as a result of this Agreement or otherwise, which any such person or its friends, romans and countrymen may suffer or incur in any jurisdiction, territory, location whether or not now existing or subsequently discovered.}} | |||
or | |||
{{quote|You indemnify and hold us harmless against any claims we suffer and must reimburse us promptly on demand for any losses we incur as a result of our engagement and our reasonable performance of our services under it.}} | |||
which will you choose? | |||
===Personalise=== | ===Personalise=== | ||