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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54708
Experience:  Attorney with 29 years of experience.
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I need a draft ( sample) agreement with my subcontractor to

Customer Question

I need a draft ( sample) agreement with my subcontractor to ensure that he will not interfere my relationship with the owner/customer- basically, I am not sure how to phrase " not to contact or steal my customer lol".
Submitted: 7 months ago.
Category: Legal
Expert:  Richard replied 7 months ago.

Hi. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 7 months ago.

Thanks for your patience. Here's the language you will need to protect your interests:

Agreement Not to Solicit.

{C}(a) The Contractor agrees that for a period three (3) years (the “Non-Solicitation Period”), Contractor will not, without the prior written consent of [Your Name], directly or indirectly (e.g., either through or with the assistance of others): (a) solicit any client of [Your Name] or (b) encourage any such actual or prospective client (including any funds managed by [Your Name] to turn down, terminate, reduce or curtail its current or a prospective business relationship with [Your Name].

{C}(b) Contractor agrees that during the Consulting Term and for the Non-Solicitation Period, Contractor will not, without the prior written consent of [Your Name], directly or indirectly (e.g., either through or with the assistance of others): (a) hire, solicit, recruit, induce, procure or attempt to hire, solicit, recruit, induce or procure any person who is (A) then an employee or member of [Your Name] and/or (B) who was such an employee or member of [Your Name] at any time during the preceding twenty-four (24) months (each, a “Restricted Person”); (b) assist any other individual, sole proprietorship, company, partnership, or other enterprise or entity in hiring any Restricted Person; (c) encourage any Restricted Person to terminate his or her relationship with [Your Name]; or (d) encourage, induce or collaborate with any Restricted Person to prepare for or to engage in Competitive Activity.

{C}(c) The Contractor understands that [Your Name] will suffer great loss and irreparable harm if its Confidential Information were to be used to compete against [Your Name] and agrees that former employees working together pose a heightened danger of the loss or misuse of Confidential Information. Contractor thus agrees that the provisions of this Agreement that restrict such activities are fair.

{C}(d) During the Non-Solicitation Period, Contractor will notify any prospective employer (whether as an employee or independent contractor) of their obligations under this Agreement prior to commencing such engagement. Contractor will inform [Your Name] of the name, email address, and telephone number of a person at each such subsequent employer (whether as an employee or independent contractor) that Consultant or Shareholder reports this Agreement to during the Non-Solicitation Period.

8. Non-Compete Agreement.

(a) Non-Compete. Contractor agrees that for a specified period of time thereafter (collectively, the “Non-Competition Period”), Contractor agrees he will not, (a) directly or indirectly, engage in “Competitive Activity” or (b) communicate or collaborate with any Restricted Person for the purpose of preparing for or entering into “Competitive Activity.”

(b) For the purposes of this provision, “Competitive Activity” shall include having any interest in, managing, operating, being employed by or acting as, or planning or working or engages in or is preparing to engage in any other business activities in which [Your Name] was engaged or was preparing to become engaged in the twelve (12) months preceding the termination of this Agreement and where Consultant or Shareholder has knowledge relevant to such other business activities.

(d) The “Non-Competition Period” shall be the period during which this Agreement is in effect, including renewals and extensions, and for a period ___ (_) years.

(e) If it is judicially determined that Contractor has engaged in Competitive Activity in violation of this Agreement, then the Non-Competition Period shall automatically be extended by a period of time equal in length to the period during which such violation(s) occurred.

Expert:  Richard replied 7 months ago.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!