Is non-solicitation normal in a marketing services agreement?

A narrow 12-month non-solicit is normal in a marketing services agreement. Watch for versions that cover every employee and customer, last several years, or count inbound candidates as 'solicitation'.

What’s market-standard

No soliciting the client's employees you worked with, and sometimes its customers you were introduced to, for 12 months after the engagement. 'Solicit' should exclude general job postings and inbound approaches you did not initiate.

Warning signs

• Applies to all client employees and customers, not just those you interacted with
• Duration over 2 years
• Bars 'hiring' even when the person approached you
• Covers the client's 'prospects' and 'affiliates' with no list

Wording you can send

For 12 months after the engagement ends, the Provider will not actively solicit for employment any Client employee the Provider worked with directly. This does not restrict general advertising not targeted at Client personnel, or hiring someone who responds to such advertising or approaches the Provider on their own initiative.

What it means for you

A promise not to poach the client's employees or customers for a period. Reasonable in principle, but overbroad versions can stop you from accepting inbound work from anyone connected to the client.

Not legal advice. Gig Clause is software, not a law firm or a professional service, no attorney reviews, drafts, or is otherwise involved in anything it produces. It automatically highlights common contract issues and suggests negotiation language. Using it does not create an attorney-client relationship. For decisions with significant financial or legal consequences, consult a qualified attorney licensed in your jurisdiction. Clause standards vary by industry and location and change over time.