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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."
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
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
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
Technology
Professional Services
Financial Services
Consulting
Healthcare
Real Estate
Marketing and Advertising
Information Technology
Legal Services
Engineering
Education and Training
Business Process Outsourcing
Legal
Human Resources
Procurement
Compliance
Risk Management
Business Development
Operations
Project Management
Professional Services
Sales
Talent Acquisition
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
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