AKA: Business Marriage, You’re All Mine
Description: The negotiation is going well – really well. You are hitting it off with the counter-party, and you really seem to be on the same page. Then he comes up with a great idea – you should be exclusive partners! That will make everything more efficient and will leverage your partnership, right? It may do that, but it also lowers your BATNA and squanders a major source of power – your ability to walk away.
Sample usage (Alvin and Bob): Bob – “And of course, the new entity will own all of your creative output in its entirety.”
Alvin – “Yeah, I guess. But only the work I do for clients, right. I mean, once a client pays or even commissions a design, then it’s off the market. But my design work outside of the office belongs to me.”
Bob – “This agreement would cover all over you commercial output. If it makes money, then it belongs to the partnership.”
Alvin – “So you will own 50% of my creative output? That’s doesn’t sound reasonable.”
Bob – “And I’m offering you the same protection. Any new client that we get will go through you for design work. It’s a two way street.”