Non Solicitation Agreement Form

Non Solicitation Agreement Form Template for Canada

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Key Requirements PROMPT example:

"I need a Non Solicitation Agreement Form for a senior software developer leaving our Toronto-based tech company on March 1, 2025, focusing on protecting our client relationships and preventing the solicitation of our development team members for 12 months."

Document background

The Non Solicitation Agreement Form is a crucial document in Canadian business relationships where protecting customer relationships, employee retention, and business connections is essential. This agreement is commonly implemented when there is a risk of one party potentially soliciting employees, customers, or business relationships from another party, such as during employment termination, business sales, or contractor engagements. The document must be carefully drafted to ensure compliance with Canadian federal and provincial laws, including the Competition Act and employment standards legislation. It should define reasonable restrictions in terms of duration, geographic scope, and prohibited activities to maintain enforceability in Canadian courts. The agreement is particularly valuable in professional services, technology, and other knowledge-based industries where relationship protection is crucial for business success.

Suggested Sections

1. Parties: Identifies and defines the parties entering into the agreement, including their legal names and addresses

2. Background: Establishes the context of the agreement, including the business relationship between the parties and the legitimate business interests being protected

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

4. Non-Solicitation Obligations: Details the specific prohibited solicitation activities, including customer, employee, and business relationship non-solicitation provisions

5. Duration and Geographic Scope: Specifies the time period and geographical area where the non-solicitation restrictions apply

6. Acknowledgments: Contains acknowledgments by the restricted party regarding the reasonableness of restrictions and receipt of consideration

7. Exceptions: Lists permitted activities that would otherwise fall under the non-solicitation restrictions

8. Remedies: Outlines the consequences of breach and available remedies, including injunctive relief

9. General Provisions: Standard contract clauses including governing law, severability, and entire agreement provisions

Optional Sections

1. Non-Competition Obligations: Additional restrictions on competitive activities, used when broader protection is necessary and reasonable

2. Confidentiality Provisions: Detailed confidentiality obligations, included when sensitive information is involved and not covered by a separate NDA

3. Assignment Rights: Provisions regarding the right to assign the agreement, included when relevant to business structure or potential future transactions

4. Consideration: Specific section detailing the consideration provided, included when the agreement is standalone rather than part of a larger agreement

5. Survival: Specifies which provisions survive termination of any related agreements, included in more complex business relationships

6. Return of Property: Requirements for returning company property, included when the restricted party has access to physical or digital assets

Suggested Schedules

1. Schedule A - Restricted Customers: List of specific customers or customer categories covered by the non-solicitation provisions

2. Schedule B - Restricted Employees: Categories or specific lists of employees covered by the non-solicitation provisions

3. Schedule C - Restricted Territory: Detailed description or map of the geographic area where restrictions apply

4. Schedule D - Consideration Details: Detailed breakdown of any consideration provided, if applicable

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

Manufacturing

Retail

Consulting

Software Development

Telecommunications

Marketing and Advertising

Recruitment and Staffing

Legal Services

Engineering

Pharmaceuticals

Research and Development

Relevant Teams

Human Resources

Legal

Sales

Business Development

Executive Leadership

Operations

Recruitment

Client Services

Professional Services

Information Technology

Research and Development

Account Management

Finance

Marketing

Administration

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Sales Manager

Business Development Manager

Account Executive

Senior Consultant

Department Head

Regional Manager

Technical Lead

Project Manager

Chief Financial Officer

Operations Director

Recruitment Manager

Senior Software Engineer

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Let's create your Non Solicitation Agreement Form

Authors

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