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Non Solicitation Agreement For Independent Contractors Template for New Zealand

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Key Requirements PROMPT example:

Non Solicitation Agreement For Independent Contractors

"I need a Non-Solicitation Agreement for Independent Contractors for our IT consulting firm based in Auckland, specifically to protect our client relationships and prevent contractors from poaching our software developers for 12 months after termination; the agreement should be effective from March 1, 2025."

Document background
The Non-Solicitation Agreement For Independent Contractors is a crucial document for businesses operating in New Zealand that engage independent contractors in positions where they develop significant relationships with clients, employees, or other contractors. This agreement becomes essential when contractors have access to valuable client relationships, confidential information, or internal networks that could be used to solicit business or personnel away from the company. It's designed to protect the principal company's legitimate business interests while complying with New Zealand's legal framework, including the Commerce Act 1986 and common law principles regarding restraint of trade. The agreement typically specifies the duration and geographic scope of restrictions, defines prohibited solicitation activities, and outlines enforcement mechanisms.
Suggested Sections

1. Parties: Identifies and defines the contracting parties - the principal company and the independent contractor

2. Background: Sets out the context of the agreement, nature of the business relationship, and the legitimate business interests being protected

3. Definitions: Defines key terms used throughout the agreement, including 'solicitation', 'confidential information', 'clients', 'employees', and 'restricted period'

4. Scope of Services: Outlines the independent contractor relationship and the services being provided

5. Non-Solicitation Obligations: Details the specific restrictions on soliciting clients, employees, and other contractors

6. Duration and Geographic Scope: Specifies the time period and geographical area for which the non-solicitation obligations apply

7. Acknowledgments: Contractor's acknowledgment that restrictions are reasonable and necessary to protect legitimate business interests

8. Independent Contractor Status: Confirms the independent nature of the relationship and disclaims any employment relationship

9. Confidentiality: Obligations regarding confidential information obtained during the engagement

10. Breach and Remedies: Outlines consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Competition: Additional restrictions on competing activities, used when there's a specific need to protect market position

2. Intellectual Property: IP provisions when the contractor's work involves creation or access to intellectual property

3. Insurance Requirements: Specifies required insurance coverage when the services involve significant risk or liability

4. Dispute Resolution: Detailed dispute resolution procedures when parties prefer alternative dispute resolution mechanisms

5. Assignment and Subcontracting: Provisions regarding transfer of rights when relevant to the business relationship

6. Survival of Obligations: Specific clause detailing which provisions survive termination when needed for longer-term protection

Suggested Schedules

1. Schedule 1 - Protected Clients: List of specific clients or categories of clients covered by the non-solicitation provisions

2. Schedule 2 - Services Description: Detailed description of services provided by the contractor

3. Schedule 3 - Fee Schedule: Details of compensation and payment terms if relevant to the non-solicitation obligations

4. Appendix A - Contractor Declaration: Formal acknowledgment by contractor of understanding and accepting restrictions

5. Appendix B - Restricted Territory: Detailed description or map of the geographic area covered by restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






















Clauses






















Relevant Industries

Professional Services

Information Technology

Management Consulting

Financial Services

Healthcare

Engineering

Creative Industries

Business Services

Education and Training

Real Estate

Relevant Teams

Human Resources

Legal

Procurement

Business Development

Sales

Client Services

Professional Services

Information Technology

Operations

Executive Leadership

Project Management Office

Relevant Roles

Consultant

Project Manager

Software Developer

Business Analyst

Sales Representative

Marketing Specialist

Training Facilitator

Financial Advisor

HR Consultant

Technical Architect

Creative Director

Research Analyst

Business Development Manager

IT Solutions Architect

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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