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Staffing Non Compete Agreement
"I need a Staffing Non Compete Agreement for a software development company in Auckland, covering senior developers who have access to our proprietary code and client relationships, with a restriction period of 12 months within New Zealand and Australia."
1. Parties: Identifies and defines the parties to the agreement - typically the employer/staffing company and the employee/contractor
2. Background: Sets out the context of the agreement, including the nature of the employment/contractor relationship and the legitimate business interests being protected
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Restricted Business', 'Territory', and 'Restricted Period'
4. Scope of Restrictions: Details the specific non-compete obligations, including temporal and geographical limitations
5. Non-Solicitation: Prohibitions on soliciting clients, employees, or contractors of the company
6. Confidentiality Obligations: Requirements regarding the protection and non-disclosure of confidential information
7. Duration: Specifies the time period for which the restrictions apply
8. Geographical Area: Defines the geographical boundaries within which the restrictions apply
9. Acknowledgments: Employee/contractor acknowledgments regarding the reasonableness of restrictions
10. Remedies: Sets out the consequences of breach and available remedies
11. General Provisions: Standard contract clauses including governing law, entire agreement, and severability
1. Garden Leave: Provisions for paid leave during notice period - used when there's a higher risk of competitive activity
2. Post-Employment Compensation: Details any compensation provided specifically for the non-compete period - used when payment is offered to support enforceability
3. Intellectual Property: Additional provisions regarding IP rights - used when the role involves creation or access to significant IP
4. Return of Property: Specific requirements for returning company property - used for roles with access to sensitive materials
5. Independent Legal Advice: Acknowledgment of receiving independent legal advice - used for higher-level positions or complex restrictions
6. Variation for Different Jurisdictions: Modifications for different geographical areas - used when the agreement needs to be enforceable across multiple regions
1. Schedule 1 - Restricted Clients: List of specific clients or client categories covered by non-solicitation provisions
2. Schedule 2 - Restricted Territory: Detailed description or map of geographical areas covered by restrictions
3. Schedule 3 - Confidential Information: Detailed list or categories of confidential information covered by the agreement
4. Schedule 4 - Compensation Details: Specific details of any compensation provided for the non-compete period
5. Appendix A - Notice Requirements: Detailed procedures for giving notices under the agreement
Authors
Professional Services
Information Technology
Financial Services
Healthcare
Recruitment and Staffing
Management Consulting
Technology and Software Development
Sales and Marketing
Engineering and Manufacturing
Biotechnology and Pharmaceuticals
Human Resources
Legal
Sales
Business Development
Executive Leadership
Research and Development
Client Services
Product Development
Professional Services
Information Technology
Senior Executive
Sales Manager
Account Executive
Technical Lead
Software Developer
Business Development Manager
Research Scientist
Management Consultant
Financial Advisor
Product Manager
Senior Engineer
Client Relationship Manager
Human Resources Director
Chief Technology Officer
Regional Sales Director
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