contract-law waivers
I have an Master Service Agreement without Statement of Work, is it valid?
<p>Full Story I started working as indepent contractor for <strong>WeJustHiredYou</strong> INC. <strong>WeJustHiredYou</strong> provides software developers to <strong>RealClient</strong>. I have an MSA with <strong>WeJustHiredYou</strong>, but I always worked, for <strong>RealClient</strong>.</p>

<p>There's no Statement of Work, or any quote to <strong>RealClient</strong> in my Master Service Agreement. There's no relationship other than the payment and the MSA with <strong>WeJustHiredYou</strong>.</p>

<p>There's an MSA between <strong>WeJustHiredYou</strong> (provider) and <strong>RealClient</strong> B(Client) that states that RealClient will never attempt to hire neither an employee/contractor or any <em>company that involves neither an employee or a contractor</em>.</p>

<p>I've opened an LLC <strong>ImFree LLC</strong> to try to get my payment directly from <strong>RealClient</strong> without the <strong>WeJustHiredYou</strong> company taking his cut.</p>

<p>Is it possible? I want to waive that clause, as I was actually being hired by the <strong>RealClient</strong> and never got any kind of relationship, not even the Statement of Work from <strong>WeJustHiredYou</strong></p>

<blockquote>
  <p>Clarification: there is no Statement of Work, I just have a Master
  Agreement that speaks about and Statement of Work that is not present
  at all in the contract, neither is the payment, or the term.</p>
</blockquote>

<blockquote>
  <p>I have an Master Service Agreement without Statement of Work, is it
  valid?</p>
</blockquote>

<p>You are not elaborating on the contents of your Master Service Agreement, nor do you explain by saying [in the comment] that "<em>I'm owned by them</em>".
<a href="https://law.stackexchange.com/questions/32196/i-have-an-msa-without-statement-of-work-is-it-valid#comment58613_32196">I have an Master Service Agreement without Statement of Work, is it valid?</a></p>

<p>The reason why you might be precluded from doing business with RealClient is that </p>

<blockquote>
  <p>There's an MSA between WeJustHiredYou (provider) and RealClient
  B(Client)</p>
</blockquote>

<p>That MSA is enforceable regardless of whether or not there is an MSA between you and WeJustHiredYou.</p>

<p>Restrictions of that sort are not allowed to be permanent, though. Typically it would be deemed enforceable for one or two years upon termination from employment.</p>

<p>As for <em>your</em> MSA with WeJustHiredYou, the absence of a Statement of Work and of other specifics might render this MSA unenforceable for its ambiguity or vagueness. But, as explained above, that does not alter the possibility to enforce the other MSA.</p>
