This Non-Compete With Independent Contractor agreement is essential for businesses operating in Ireland who engage independent contractors with access to sensitive business information, trade secrets, or valuable client relationships. The document is designed to protect legitimate business interests while complying with Irish common law principles on restraint of trade and competition law. It should be used when engaging contractors in roles where they could pose a competitive threat if they immediately began competing after the engagement ends. The agreement includes provisions for defining restricted activities, geographical limitations, time periods, and enforcement mechanisms, all crafted to meet the standards of reasonableness required under Irish law. It's particularly important to note that Irish courts will only enforce non-compete restrictions that are demonstrably necessary to protect legitimate business interests and are reasonable in scope.
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1. Parties: Identification of the company and the independent contractor
2. Background: Context of the agreement, nature of the business relationship, and legitimate interests being protected
3. Definitions: Key terms including Confidential Information, Restricted Business, Territory, Restricted Period, and Competitive Activities
4. Independent Contractor Status: Clear establishment of the independent contractor relationship and disclaimer of employment relationship
5. Non-Compete Obligations: Core restrictions on competitive activities, including scope of prohibited activities
6. Duration and Territory: Temporal and geographical scope of the restrictions
7. Consideration: Specific consideration provided for the non-compete obligations
8. Acknowledgments: Contractor's acknowledgment of reasonableness of restrictions and receipt of independent legal advice
9. Remedies: Available remedies for breach, including injunctive relief
10. Severability: Provisions for judicial modification of unenforceable terms
11. Governing Law and Jurisdiction: Specification of Irish law and courts' jurisdiction
12. Execution: Signature blocks and execution requirements
1. Non-Solicitation of Customers: Additional restrictions on soliciting company's customers, used when customer relationships are crucial
2. Non-Solicitation of Employees: Restrictions on hiring company employees, used when protecting workforce stability is important
3. Intellectual Property Rights: IP provisions, used when contractor may develop or access IP during engagement
4. Garden Leave: Provisions for paid non-compete period, used in high-value contractor relationships
5. Training and Trade Secrets: Provisions regarding specialized training or trade secrets, used when contractor receives significant training or access
6. Post-Termination Cooperation: Requirements for transition assistance, used in key contractor roles
7. Alternative Dispute Resolution: Mediation or arbitration provisions, used when preferred over court proceedings
1. Schedule 1 - Restricted Territory: Detailed definition of geographical areas covered by restrictions
2. Schedule 2 - Restricted Activities: Detailed list of specific prohibited competitive activities
3. Schedule 3 - Consideration Details: Breakdown of consideration provided for non-compete obligations
4. Schedule 4 - Protected Customers: List of specific customers covered by non-solicitation provisions if applicable
5. Appendix A - Acknowledgment Form: Form for contractor to acknowledge receipt of independent legal advice
6. Appendix B - Exit Interview Form: Template for final interview confirming ongoing obligations
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