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Independent Contractor Non-Compete Agreement Template

An Independent Contractor Non-Compete is a document that protects a business that chooses to divulge sensitive information with another entity or individual. A non-compete states that any information shared (such as trade secrets, clients, employees, etc.) cannot be shared or used against the business in any way. The information is to be held undisclosed for a period of time. The independent contractor is barred from being able to be a competitor in the same business within the same market area.

The Basics

A non-compete can be structured in any such way as negotiated by the parties. A Non-Compete Agreement is widely used within companies and their employees (see Employee Non-Compete Agreement), however a non-compete is possible with an independent contractor with our specially tailored independent contractor non-compete agreement. It can have a “buy-out” clause in the chance the independent contractor wishes to terminate the agreement earlier than the expiration date.

Confidential Information – As the individual or entity working on behalf of the company is deemed an “Independent Contractor” and not as an employee, the employer must specify in detail as to what is deemed confidential information.

Term – The terms is defined as the effective date and the amount of time given thereafter. There is no time limit, however it is uncommon for a non-compete to be intact for more than 10 years and with a normal duration between 1-2 years in length.

Non-Compete – A non-compete entails that the independent contractor refrain from employing or consulting other companies with the information learned working for you or your company. A non-compete also requires that the independent contractor refrain from soliciting any of your company’s clients.

How to Write

Step 1 – Download the document and enter:

  • Name of the company
  • Company address
  • AND
  • Contractor’s name
  • Contractor’s complete address

Step 2 – Recitals – The company’s hiring management may:

  • Submit specific negotiated information pertaining to company trade secrets. proprietary company information or intellectual property, into the lines provided in subsection A of this section
  • Contractor and management must review B,C and D

Step 3 – Titled Sections and Subsection – Before application of signature, the contractor must very carefully review the following sections and subsections of the contract as follows:

  • Confidential Information
  • Agents and Employees
  • Communication of Confidential Information
  • Exclusions (and subsections A through C)
  • Return or Destruction
  • Notice of Disclosure
  • Accurateness
  • Discussions
  • Term – Enter the date in which the contract will commence and expiration (if any) in mm/dd/yyyy through number of days/weeks/months/years format
  • Termination – Enter any conditions under which the contractor may experience an early termination, into the lines provided
  • Equipment
  • Arbitration Clause – In the event there would be cause for arbitration, enter the County and the State in which arbitration would take place. In the event of Intrastate arbitration, submit the state in which arbitration will take place
  • Representations and Warranties of Contractor (A through H and 1 through 3)
  • Disclaimer
  • Non-compete – Enter the time period in which the contractor shall agree to maintain confidentiality once they’ve left the company  – also complete A and B in this section
  • General Provisions (A through J)

Step 4 – Signatures – Both parties must read the statement of agreement. Proceed by entering:

Company –

  • The company hiring representative must enter their signature
  • Date of signature in mm/dd/yyyy format
  • Representative’s printed or typed name

Independent Contractor –

  • Contractor’s signature
  • Date of signature in mm/dd/yyyy format
  • Contractor’s printed or typed name

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