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by eesmith 1296 days ago
Also, anti-poaching agreements - https://en.wikipedia.org/wiki/Antipoaching :

> Research has found that 58 percent of major franchisors' contracts in 2016, including those of McDonald's, Burger King, Jiffy Lube, and H&R Block, contained agreements not to hire the workers of other franchisees

You mentioned "standard contracts".

I had a possible customer want me to toss my contract in favor of one they wanted. It said that I "will defend or settle any action brought against Customer" - basically, if they were sued for their use of my software then I would have to pay the court costs.

This is very unusual. I DDG-ed it, and found it likely came from a "subscription based contract database and resource center that helps over 300,000 lawyers and business owners draft and negotiate contracts more effectively", found at https://www.lawinsider.com/clause/ptcs-obligation-to-indemni..., with the example has "PTC, at its own expense, will defend any action brought against Customer based on a claim that any Licensed Product infringes a United States patent, copyright or trademark and ..."

So, along the lines of what you said, though from a vendor perspective.

BTW, I said "fuck off", though in polite terms. "This clause will require renegotiation of the price as I have not included litigation in the pricing. I can identify an appropriate insurance company and pass the costs to you."