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Subcontractor Non Solicitation Agreement

Subcontractor Non Solicitation Agreement Template for New Zealand

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Key Requirements PROMPT example:

Subcontractor Non Solicitation Agreement

"I need a Subcontractor Non-Solicitation Agreement for our IT consulting firm that specifically prevents subcontractors from poaching our software developers and technical architects for 12 months after termination, with coverage across New Zealand and Australia."

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Document background
This document is essential for businesses in New Zealand that engage subcontractors and need to protect their business relationships and workforce stability. A Subcontractor Non-Solicitation Agreement is particularly important in industries with specialized skills or significant contractor engagement, where the risk of solicitation could substantially impact business operations. The agreement typically includes defined restriction periods, specific prohibited activities, and clear enforcement mechanisms. It must comply with New Zealand contract law principles, ensuring restrictions are reasonable and protect legitimate business interests while not unduly limiting competition or trade. The document is commonly used when engaging new subcontractors or updating existing contractor relationships to include additional protections.
Suggested Sections

1. Parties: Identifies and defines the contracting parties - typically the main contractor and subcontractor

2. Background: Sets out the context of the agreement, nature of the business relationship, and legitimate business interests being protected

3. Definitions: Defines key terms including 'solicitation', 'protected relationships', 'restricted period', and other relevant terms

4. Term and Duration: Specifies when the agreement takes effect and the duration of the non-solicitation obligations

5. Non-Solicitation Obligations: Details the specific restrictions on soliciting employees, contractors, clients, and suppliers

6. Exceptions and Permitted Activities: Specifies activities that are explicitly allowed and do not constitute breach of the agreement

7. Acknowledgments: Contains subcontractor's acknowledgments regarding reasonableness of restrictions and receipt of consideration

8. Remedies: Outlines available remedies in case of breach, including injunctive relief and damages

9. General Provisions: Standard contract clauses including governing law, entire agreement, and amendment procedures

Optional Sections

1. Confidentiality Obligations: Additional provisions protecting confidential information, used when sensitive information will be shared

2. Geographic Scope: Defines territorial limits of restrictions, included when business operates in specific regions

3. Assignment and Delegation: Provisions regarding transfer of rights, included for larger business relationships

4. Dispute Resolution: Specific dispute resolution procedures, included for high-value or complex relationships

5. Survival Clause: Specifies which provisions survive termination, used in complex business relationships

6. Independent Contractor Confirmation: Explicitly confirms independent contractor status, used when relationship classification needs emphasis

Suggested Schedules

1. Schedule 1 - Protected Relationships: List of specific clients, employees, or contractors covered by non-solicitation provisions

2. Schedule 2 - Restricted Activities: Detailed description of specifically prohibited solicitation activities

3. Schedule 3 - Territory: Detailed description of geographic areas where restrictions apply

4. Appendix A - Consideration: Details of consideration provided in exchange for non-solicitation commitments

5. Appendix B - Disclosure Form: Form for disclosing pre-existing relationships or commitments that might affect obligations

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions


























Clauses























Relevant Industries

Construction

Information Technology

Professional Services

Engineering

Manufacturing

Healthcare

Consulting

Software Development

Mining

Telecommunications

Energy

Infrastructure

Relevant Teams

Legal

Human Resources

Procurement

Operations

Risk and Compliance

Commercial

Business Development

Project Management

Executive Leadership

Relevant Roles

Legal Counsel

HR Director

Procurement Manager

Project Manager

Operations Director

Contract Manager

Business Development Manager

Chief Operating Officer

Risk Manager

Compliance Officer

General Manager

Commercial 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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