Non-solicitation clauses, explained
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.
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.
Red flags
- 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
Suggested wording
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.
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Review my contractIs this normal in…
- Non-solicitation in a consulting agreement?
- Non-solicitation in a marketing services agreement?
- Non-solicitation in a software / web development agreement?
- Non-solicitation in a master services agreement (msa)?
- Non-solicitation in a design services agreement?
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