Exclusivity clauses, explained
A requirement that you work only for this client, or not for anyone in a defined category, for the term. Unlike a non-compete it bites during the engagement, and without a matching minimum retainer it can leave you underpaid and unable to take other work.
Market standard
For freelancers, no exclusivity, or exclusivity only within a narrowly defined category and only if the client commits to a minimum monthly retainer that reflects the opportunity cost.
Red flags
- Full exclusivity with no minimum spend commitment
- Category defined so broadly it covers most of your potential clients
- Exclusivity continues during any 'pause' or 'hold' the client calls
- Applies for a fixed term the client can extend
Suggested wording
The Provider is not exclusive to the Client and may perform services for others, including in the same industry, provided the Provider complies with its confidentiality obligations and avoids working on a directly competing project as defined in Exhibit C. Any exclusivity requires a separate written addendum with a minimum monthly fee.
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Review my contractIs this normal in…
- Exclusivity in a marketing services agreement?
- Exclusivity in a consulting agreement?
- Exclusivity in a design services agreement?
- Exclusivity in a master services agreement (msa)?
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