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Consulting Non Compete Agreement
"I need a Consulting Non-Compete Agreement for a senior tech consultant who will be working on our AI development project from January 2025, with non-compete restrictions covering Hong Kong, Singapore, and mainland China for 12 months post-termination."
1. Parties: Identification of the consulting firm/individual and the company engaging their services
2. Background: Context of the consulting arrangement and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including 'Confidential Information', 'Competitive Business', 'Territory', etc.
4. Scope of Consulting Services: Detailed description of the consulting services to be provided
5. Term and Termination: Duration of the consulting relationship and termination provisions
6. Non-Compete Obligations: Specific restrictions on competitive activities, including duration and geographical scope
7. Confidentiality Obligations: Protection of confidential information and trade secrets
8. Intellectual Property Rights: Ownership and rights to work product and pre-existing IP
9. Compensation: Payment terms and method for consulting services
10. Relationship of Parties: Clarification of independent contractor status
11. Governing Law and Jurisdiction: Specification of Hong Kong law and courts' jurisdiction
12. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Non-Solicitation: Additional restrictions on soliciting employees or clients, included when there's specific concern about poaching
2. Insurance Requirements: Professional liability insurance requirements, included when consulting involves high-risk activities
3. Data Protection: Specific provisions for handling personal data, included when consulting involves processing personal information
4. Dispute Resolution: Mediation or arbitration procedures, included when parties prefer alternative dispute resolution
5. Force Majeure: Provisions for unforeseeable circumstances, included when long-term consulting arrangements are contemplated
6. Compliance with Laws: Specific regulatory compliance requirements, included when consulting involves regulated industries
1. Schedule 1: Description of Services: Detailed scope of work, deliverables, and timelines
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, payment milestones, and expenses
3. Schedule 3: Restricted Territory: Specific geographical areas covered by non-compete restrictions
4. Schedule 4: Competitive Business Activities: Detailed list of prohibited competitive activities
5. Appendix A: Confidential Information: Specific categories of confidential information covered
6. Appendix B: Pre-existing IP: List of consultant's pre-existing intellectual property excluded from assignment
Authors
Affiliate
Business Day
Commencement Date
Company
Competitive Business
Confidential Information
Consulting Services
Consultant
Deliverables
Effective Date
Fee
Force Majeure Event
Group
Intellectual Property Rights
Non-Compete Period
Pre-existing IP
Project
Restricted Business
Restricted Client
Restricted Period
Restricted Territory
Services
Termination Date
Trade Secrets
Work Product
Appointment
Scope of Services
Term
Fees and Payment
Consultant Obligations
Company Obligations
Non-Compete
Non-Solicitation
Confidentiality
Intellectual Property
Data Protection
Independent Contractor Status
Representations and Warranties
Limitation of Liability
Indemnification
Insurance
Force Majeure
Termination
Post-Termination Obligations
Assignment
Notices
Amendments
Severability
Entire Agreement
Third Party Rights
Governing Law
Dispute Resolution
Technology
Financial Services
Professional Services
Management Consulting
IT Services
Healthcare
Manufacturing
Research & Development
Telecommunications
Business Strategy
Engineering Services
Legal
Human Resources
Procurement
Executive Leadership
Operations
Finance
Business Development
Strategy
Research & Development
Information Technology
Compliance
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Human Resources Director
Procurement Manager
Project Manager
Business Development Director
Chief Technology Officer
Chief Financial Officer
Operations Director
Strategy Director
Department Head
External Consultant
Independent Contractor
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