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Non Compete Agreement For Contractors
"I need a Non Compete Agreement For Contractors under Swiss law for our fintech startup, specifically to protect our proprietary trading algorithms and client relationships, with a two-year restriction period after engagement ends and coverage across all Swiss cantons."
1. Parties: Identification of the contracting parties - the company and the contractor
2. Background: Context of the agreement, nature of the contractor's engagement, and reason for the non-compete provisions
3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Competing Business', 'Restricted Territory', etc.
4. Scope of Non-Compete: Detailed description of prohibited competitive activities and business areas
5. Duration: Time period for which the non-compete obligations will remain in force
6. Geographic Limitations: Specific geographical areas where the restrictions apply
7. Consideration: Compensation or consideration provided to the contractor in exchange for the non-compete obligations
8. Exceptions: Permitted activities and explicit carve-outs from the non-compete restrictions
9. Confidentiality Obligations: Requirements regarding the protection of confidential information
10. Breach and Remedies: Consequences of violation and available legal remedies
11. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes
1. Garden Leave: Provisions for any period where the contractor may be paid but not required to work, used when immediate competition risk exists
2. Non-Solicitation: Additional restrictions on soliciting clients or employees, included when client relationships are particularly valuable
3. Training and Special Knowledge: Details of any special training or knowledge provided, used to justify the non-compete restrictions
4. Industry-Specific Restrictions: Additional provisions specific to particular industries or professional sectors
5. Severability and Modification: Provisions allowing court modification of invalid terms, included in jurisdictions where courts may modify rather than invalidate
6. Post-Termination Notification: Requirements for the contractor to inform about new business activities, used in high-risk situations
7. Alternative Dispute Resolution: Mediation or arbitration provisions, included when parties prefer alternative dispute resolution
1. Schedule 1 - Restricted Territory: Detailed map or list of geographical areas covered by the non-compete
2. Schedule 2 - Competing Businesses: List of specific competitors or competing business types
3. Schedule 3 - Consideration Calculation: Details of any compensation or consideration calculation method
4. Appendix A - Contractor's Current Business Interests: Declaration of existing business interests and commitments
5. Appendix B - Specific Client Restrictions: List of specific clients or customer segments covered by restrictions
Authors
Financial Services
Information Technology
Pharmaceutical
Biotechnology
Management Consulting
Professional Services
Engineering
Research & Development
Healthcare
Manufacturing
Telecommunications
Software Development
Investment Banking
Insurance
Medical Devices
Legal
Human Resources
Procurement
Executive Leadership
Research & Development
Information Technology
Professional Services
Product Development
Client Services
Operations
Engineering
Finance
Strategy
Senior Consultant
IT Developer
Project Manager
Research Scientist
Financial Advisor
Business Analyst
Technical Architect
Management Consultant
Product Manager
Solutions Engineer
Data Scientist
Strategy Consultant
Systems Engineer
Investment Advisor
Software Engineer
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