A new Broad Cove client - a mid-size creative agency - engaged me to jumpstart their negotiation with a new Fortune 100 client. This new client would be the biggest in the agency's history and they were concerned that the contract negotiation had stalled.
The agency had sent their redline to the client's master services agreement and had heard nothing in nearly a month other than "procurement is still reviewing."
I asked to see the agency's redline and quickly understood what was taking so long. Most of the agency's edits were offered without explanation and, for those where an explanation was given, that explanation was framed in an agency-centric manner. For example, for a requirement that the client must approve all subcontractors, the agency simply commented "we don't disclose subcontractor names."
Agencies need to understand that brand procurement, finance, and legal teams are not generally immersed in client-agency relationships. So, offering context for changes is incredibly valuable to the audience reviewing the deal.
Context that frames requests in terms of how the requested edit positively impacts the relationship and the work that the client and agency will do together is all the more valuable.
So, instead of saying "we don't disclose subcontractor names," the agency could say: "In our experience, subcontractor pre-approval can be logistically challenging, consume valuable time and resources on both sides, with little practical benefit to the quality of the work. Please know that: (a) we only engage subcontractors when that engagement is the best move for the work; and (b) we always remain responsible for any work performed by a subcontractor."
After adjusting and reframing the agency's redline, we resubmitted it to the brand and asked for a quick phone call to explain our adjustments. Within a few days, we were on the phone with the brand's marketing and procurement leads talking them through our edits and approach. Within another couple of days, we had a signed agreement and the agency was off to the races.
When negotiating with a brand, always keep in mind that it's not just about asking for the right changes, it is also about how you ask.
Comments