We have Ind. Contractors as Coaches and I need to know how the Non-Solicitation clause would read with regard to our clients/customers to protect us from them taking a customer/client for themselves. We pay them for the coaching a percentage of the total cost. I have searched and not sure what I should use as the clause.
JA: Have you documented this or discussed it with HR?
Customer: We are a small company and my son is a Life Coach and we have setup a new program which is having coaches who are Ind. Contractors that get paid a %age. The list is our list of clients/customers. We don't have an HR Dept. per se. I handle most of all of this.
JA: Is the employment agreement "at will
," union, full time or part time?
Customer: I just want to be correct in the clause I use. This is what I have now:
JA: Anything else you want the lawyer to know before I connect you?
Customer: NON-SOLICITATION CLAUSE: During the term of your affiliation with COMPANY and for a period of twelve (12) months immediately following the termination
of such affiliation, Coach agrees not to directly or indirectly, for yourself or on behalf of any other person or entity: contact, solicit or communicate with any client or customer of COMPANY (or its affiliates) unless part of a previously approved joint-venture arrangement or with the prior approval of COMPANY; or, solicit, divert, employ, engage or hire any team member of COMPANY. this has to apply to California Law. However, we have coaches in other states and two in Canada and one in Switzerland.