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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."
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
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
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
Professional Services
Information Technology
Management Consulting
Financial Services
Healthcare
Engineering
Creative Industries
Business Services
Education and Training
Real Estate
Human Resources
Legal
Procurement
Business Development
Sales
Client Services
Professional Services
Information Technology
Operations
Executive Leadership
Project Management Office
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
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