This Non-Compete For Independent Contractors agreement is designed for use in the Netherlands when engaging independent contractors (ZZP'ers) in situations where they will have access to sensitive business information, important client relationships, or valuable intellectual property. The document provides legal protection for companies by restricting contractors from competing activities, soliciting clients or employees, or misusing confidential information for a specified period after their engagement ends. It includes specific provisions compliant with Dutch law regarding duration, geographical scope, and reasonable restrictions, while considering the contractor's right to work. The agreement is particularly important in knowledge-intensive industries where contractors may gain significant insight into company operations, strategies, or client relationships.
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1. Parties: Identification of the contracting parties - the company and the independent contractor
2. Background: Context of the agreement, nature of the business relationship, and legitimate business interests being protected
3. Definitions: Key terms including Confidential Information, Competitive Activities, Territory, and Restricted Period
4. Scope of Services: Brief description of the contractor's services to establish context for the restrictions
5. Non-Compete Obligations: Core restrictions on competitive activities, including geographical scope and duration
6. Non-Solicitation of Customers: Restrictions on approaching or dealing with company clients and prospects
7. Non-Solicitation of Personnel: Restrictions on hiring or soliciting company employees or other contractors
8. Consideration: Compensation provided in exchange for the non-compete obligations
9. Duration and Territory: Specific timeframe and geographical area of restrictions
10. Acknowledgments: Contractor's confirmation of reasonableness and understanding of restrictions
11. Remedies: Consequences of breach, including injunctive relief and penalties under Dutch law
12. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction of Dutch courts
13. Signatures: Execution blocks for both parties
1. Garden Leave: Optional provision for paid non-compete period immediately following termination, used when immediate competition risk is high
2. Carve-outs: Specific exceptions to the non-compete obligations, used when contractor has existing clients or commitments
3. Post-Termination Notification: Requirements to inform company of new business activities, used for high-risk contractors
4. Training and Special Knowledge: Section describing specific training or knowledge gained, used to justify restrictions
5. Severability and Modification: Provisions allowing court modification of terms, used in jurisdictions where restrictions may be challenged
6. Survival: Specification of which provisions survive termination of the main service agreement, used when separate from main contract
1. Schedule 1 - Restricted Territory: Detailed map or list of geographical areas covered by restrictions
2. Schedule 2 - Restricted Clients: List of specific clients covered by non-solicitation provisions
3. Schedule 3 - Competitive Activities: Detailed description of prohibited competitive activities and business areas
4. Appendix A - Consideration Calculation: Details of any financial compensation provided for the restrictions
5. Appendix B - Existing Commitments: List of pre-approved activities or clients excluded from restrictions
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