Getting out of SmartChoice Contract

My agency is looking at merging with another bigger agency. We currently use SmartChoice and will not need them if we partner with this other bigger agency. As anyone gotten out of a contract with SmartChoice? How big of an issue is it to get out of the contract..or is it?
 
"It depends" - Always the answer provided by an attorney to an incomplete question.

It may (or may not) be easier than one would otherwise imagine. I recall speaking with SmartChoice a few years ago and they wouldn't let me actually even see the contract until "I was ready to sign." It was one of the craziest "run don't walk" moments in my business life. That leads me to believe the contract may be suspect (the reason given for the top secrecy was they didn't want the contract widely known and copied...which isn't a valid reason in my opinion).

That said, as an attorney, of course I am going to recommend speaking with a business attorney because at some point that's what you need to do anyway as one would almost certainly not bring an action of this nature without one. Also, the value of speaking with a local business attorney is VERY likely to help you craft an initial request to SmartChoice requesting a termination of the contract, and the best exit is usually one without litigation. Best of luck
 
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