Non Compete For Independent Contractors Template for Hong Kong

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Key Requirements PROMPT example:

Non Compete For Independent Contractors

I need a Non Compete For Independent Contractors agreement for a software development consultant in Hong Kong who will have access to our proprietary AI algorithms, with a restriction period of 12 months starting from March 2025 and covering the Asia-Pacific region.

Document background
This Non-Compete For Independent Contractors agreement is designed for use in Hong Kong business environments where companies engage independent contractors who have access to sensitive information, valuable client relationships, or proprietary knowledge. The document establishes post-engagement restrictions while ensuring compliance with Hong Kong's common law principles on restraint of trade. It addresses key areas including scope of restrictions, duration, geographical limitations, and protection of confidential information. The agreement is particularly crucial for businesses seeking to protect their legitimate interests while maintaining relationships with independent contractors who provide specialized services. It includes specific provisions that reflect Hong Kong's legal framework regarding the enforceability of non-compete clauses and the distinction between independent contractors and employees.
Suggested Sections

1. Parties: Identifies and defines the contracting parties - the company and the independent contractor

2. Background: Explains the context of the agreement, nature of the contractor's engagement, and reason for non-compete provisions

3. Definitions: Defines key terms including Confidential Information, Restricted Business, Territory, and Restricted Period

4. Scope of Services: Outlines the services provided by the contractor that justify the non-compete restrictions

5. Non-Compete Obligations: Details the specific competitive activities the contractor is prohibited from engaging in

6. Duration and Geographic Scope: Specifies the time period and geographical area where restrictions apply

7. Confidentiality Obligations: Defines the contractor's obligations regarding confidential information

8. Intellectual Property Rights: Addresses ownership and protection of IP created during the engagement

9. Acknowledgment of Reasonableness: Contractor's acknowledgment that restrictions are reasonable and necessary

10. Remedies: Specifies available remedies for breach, including injunctive relief

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

Optional Sections

1. Non-Solicitation of Customers: Additional restrictions on approaching company clients, used when contractor has significant client contact

2. Non-Solicitation of Employees: Prevents contractor from hiring company employees, relevant when contractor has managed or worked closely with staff

3. Garden Leave: Provisions for transition period, used for contractors with significant client relationships or sensitive information

4. Return of Property: Detailed provisions for returning company assets, needed when contractor has access to physical or digital assets

5. Monitoring and Compliance: Procedures for ensuring compliance, useful for high-risk situations or sensitive industries

6. Independent Contractor Confirmation: Explicit confirmation of independent contractor status, important in cases where employment status might be questioned

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed definition of geographical areas where non-compete applies, including specific regions or countries

2. Schedule 2 - Restricted Clients: List of specific clients or client categories covered by non-solicitation provisions

3. Schedule 3 - Restricted Business Activities: Detailed description of prohibited business activities and competitor types

4. Schedule 4 - Confidential Information Categories: Comprehensive list of types of confidential information covered by the agreement

5. Appendix A - Service Description: Detailed description of services provided by the contractor

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Technology

Professional Services

Financial Services

Management Consulting

Healthcare

Research & Development

Digital Marketing

Software Development

Investment Banking

Engineering

Biotechnology

Education & Training

Relevant Teams

Legal

Human Resources

Procurement

Operations

Information Technology

Research & Development

Sales

Marketing

Finance

Product Development

Executive Leadership

Relevant Roles

Consultant

Project Manager

Software Developer

Business Analyst

Financial Advisor

Marketing Specialist

Research Scientist

Technical Architect

Training Specialist

Strategy Consultant

UX Designer

Data Scientist

Executive Coach

Sales Representative

Product Manager

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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