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Non Solicitation Agreement Form Template for Australia

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Key Requirements PROMPT example:

Non Solicitation Agreement Form

"I need a Non Solicitation Agreement Form for our IT consulting firm based in Sydney, preventing our senior developers from soliciting our clients and team members for 12 months after their departure, with coverage across Australia and New Zealand."

Document background
The Non-Solicitation Agreement Form is a crucial business document used in Australian commercial contexts to protect business relationships and interests. It is typically implemented when there is a risk of key employees, contractors, or business partners potentially disrupting established business relationships by soliciting employees, clients, or suppliers. The agreement must comply with Australian federal and state legislation, including the Competition and Consumer Act 2010 and relevant employment laws. It requires careful drafting to ensure the restrictions are reasonable in scope, duration, and geographical reach, making them enforceable under Australian law. This document is particularly valuable during business transitions, employment terminations, or when engaging contractors with access to sensitive business relationships.
Suggested Sections

1. Parties: Identifies and defines the parties entering into the agreement, including their legal names, ABNs, and addresses

2. Background: Provides context for the agreement, including the relationship between the parties and the purpose of the non-solicitation provisions

3. Definitions: Defines key terms used throughout the agreement, including 'solicitation', 'restricted period', 'confidential information', and 'business relationships'

4. Non-Solicitation Obligations: Details the specific activities that are prohibited, including non-solicitation of employees, customers, suppliers, and business partners

5. Duration and Geographic Scope: Specifies the time period and geographical area where the non-solicitation obligations apply

6. Exceptions and Permitted Activities: Outlines activities that are explicitly allowed despite the non-solicitation restrictions

7. Confidentiality Obligations: Describes obligations regarding the handling and protection of confidential information

8. Acknowledgments: Contains parties' acknowledgments about the reasonableness of restrictions and independent legal advice

9. Breach and Remedies: Specifies the consequences of breaching the agreement and available remedies

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

Optional Sections

1. Garden Leave: Included when the agreement covers the period immediately following employment termination

2. Non-Competition Obligations: Added when broader restrictions on competitive activities are required, subject to reasonableness tests

3. Intellectual Property Rights: Included when the role involves creation or access to significant IP

4. Return of Property: Added when the restricted party has access to physical or digital assets

5. Consideration: Included when specific additional consideration is provided for the non-solicitation obligations

6. Surviving Obligations: Added when certain obligations need to continue beyond the agreement's termination

Suggested Schedules

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

2. Schedule 2 - Restricted Employees: Categories or list of employees covered by the non-solicitation provisions

3. Schedule 3 - Restricted Business Activities: Detailed description of business activities subject to restrictions

4. Appendix A - Consideration Details: Details of any consideration provided for the non-solicitation obligations

5. Appendix B - Confidential Information: Specific categories and examples of confidential information covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses

























Relevant Industries

Professional Services

Information Technology

Financial Services

Management Consulting

Healthcare

Recruitment

Sales and Marketing

Legal Services

Engineering

Business Services

Real Estate

Insurance

Telecommunications

Relevant Teams

Human Resources

Legal

Sales

Business Development

Client Services

Executive Leadership

Recruitment

Account Management

Professional Services

Operations

Partner Relations

Relevant Roles

Chief Executive Officer

Sales Director

Business Development Manager

Senior Consultant

Account Manager

Human Resources Director

Regional Manager

Client Services Manager

Partner

Managing Director

Senior Sales Representative

Recruitment Consultant

Technical Lead

Department Head

Executive Director

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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