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Non Solicitation Agreement For Independent Contractors Template for Hong Kong

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Key Requirements PROMPT example:

Non Solicitation Agreement For Independent Contractors

"I need a Non Solicitation Agreement For Independent Contractors for a technology consulting firm in Hong Kong, specifically to protect our client relationships and prevent contractors from poaching our software developers for 12 months after their engagement ends."

Document background
The Non-Solicitation Agreement For Independent Contractors is essential for businesses operating in Hong Kong that engage independent contractors and need to protect their client relationships, workforce, and business interests. This document becomes particularly important in scenarios where contractors have access to valuable client relationships, sensitive business information, or key employees. The agreement must be carefully drafted to comply with Hong Kong common law principles, ensuring that restrictions are reasonable in scope, duration, and geographical coverage. It differs from employee non-solicitation agreements due to the independent contractor relationship and requires specific provisions to maintain this distinction while remaining enforceable under Hong Kong law. The document typically includes detailed definitions of restricted activities, temporal and geographical limitations, and clear enforcement mechanisms.
Suggested Sections

1. Parties: Identification of 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', 'Restricted Business', 'Restricted Clients', 'Restricted Period', and 'Territory'

4. Independent Contractor Status: Clear statement of independent contractor relationship and disclaimers of employment relationship

5. Non-Solicitation of Clients: Specific restrictions on soliciting or dealing with clients or prospective clients

6. Non-Solicitation of Employees: Restrictions on soliciting or hiring company employees

7. Confidentiality: Obligations regarding confidential information and trade secrets

8. Duration and Territory: Temporal and geographical scope of the restrictions

9. Acknowledgments: Contractor's acknowledgment of reasonableness of restrictions

10. Remedies: Available remedies for breach, including injunctive relief

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

Optional Sections

1. Non-Competition: Additional restrictions on competing activities - include only if specifically required and carefully drafted to ensure enforceability in Hong Kong

2. Assignment and Succession: Include if the agreement needs to be assignable or binding on successors

3. Dispute Resolution: Detailed dispute resolution procedures - include for high-value or complex relationships

4. Survival: Specific provisions about which obligations survive termination - include for complex relationships

5. Independent Legal Advice: Acknowledgment of receiving or having opportunity to receive independent legal advice - include for complex restrictions

Suggested Schedules

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

2. Schedule 2 - Territory: Detailed description of geographical areas where restrictions apply

3. Schedule 3 - Contractor Services: Description of services provided by the contractor to establish context of restrictions

4. Appendix A - Confidential Information: Detailed categories of confidential information covered by the agreement

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






















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Relevant Industries

Technology

Professional Services

Financial Services

Consulting

Healthcare

Real Estate

Marketing and Advertising

Information Technology

Legal Services

Engineering

Education and Training

Business Process Outsourcing

Relevant Teams

Legal

Human Resources

Procurement

Compliance

Risk Management

Business Development

Operations

Project Management

Professional Services

Sales

Talent Acquisition

Relevant Roles

Legal Counsel

HR Director

Procurement Manager

Contract Manager

Business Development Director

Chief Operating Officer

Risk Manager

Compliance Officer

Project Manager

Management Consultant

IT Consultant

Financial Advisor

Training Consultant

Sales Director

Professional Services Manager

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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