Hi,

I have been thinking about including non-competition in my contract where my clients and I can not try and steal existing clients from each other.

I am wondering if any of you include this in your contracts?

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Brenda A. Jones
www.brevos.com

I include a non-compete clause in my sub-contractor agreement. I never thought about it for my clients. Most of my clients can not use each others services. But, I will definitely look into to putting this clause in my client agreements.

I am very interested in what others have to say about it.

Andrea~

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Andrea Jackson
http://www.connecthim.com

I thought the same thing. Your clients are potential competitors?
A sub or employee of yours maybe. None of my clients are accountants.
Well, I take that back. I have consulted at CPA firms on how I handle QuickBooks clients. This would have fit for those contracts.

As a subcontractor I've signed one with a clause but it may be a good idea to include it in your client's proposal. Thanks for bringing it to our attention.

Unless your client is in the same line of business that you are in, a non-compete means nothing. Right?

I'm not sure I understand this. Why would your client be a competitor? And why would they "steal" another client .... wouldn't a sort of networking be in better interest?

I know this thread is old, but I thought about this (non-competitor clause) as well. I considered a scenario that a client may delegate a project to me which consists of creating a database of other business owners the client works with. The client would need to feel confortable knowing that I won't attempt to contact each person on that list and offer my services to them, which really wouldn't be "competition" but maybe some sort of "breech of trust" I would imagine. So maybe the best thing to label this would be "Solicitation" or add a "Networking guidelines" piece to the contract if you actually want to receive the priviledge of contacting the people on the client's list....

Lisa,

My contract has the con-compete/non-solicitation clause included for the exact same reason you stated.

"...as a material inducement of Client’s engagement of Service Provider, Service Provider agrees that, during the term of this Agreement and for a period of six (6) months after its termination for any reason, Service Provider shall not, (i) hire, or solicit the employment or contracting of, any current personnel, agents, or contractors directly associated with either Client’s services; or (ii) solicit, otherwise offer to provide or actually provide to any current Client’s customer, directly any Client’s services, that are the same, similar or reasonably related to the services provided hereunder, during the term of this Agreement without the prior written consent of the Client..."

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Sara ~ To Your Expansion, Success & Peace of Mind
**Becoming Ms. Mom-Business Owner**

Although, before this moment, I never thought to include this, I am now. You just never know and it's best to be safe than sorry.

Thanks ladies for the bump on this!

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I would never include a non-compete regardless of who it is and I would never sign one if I were asked.

I find non-competes extremely unfair to everyone. Honestly, if I can't handle competition, then I don't think I should be in business. My product and service should be (to my client at least) superior to everyone elses. If it isn't then the client has a right to find to find someone that can provide what they want.

As far as I'm concerned, that's fair business.

Please understand, this isn't meant as anything personal to those that disagree with that philosophy. I've been given to understand that sometimes I say things that are construed in the wrong light and taken as uninviting and occasionally rude. What I say is not intended that way and is my personal feeling on the matter only. I say what I said because you asked and I believe in honesty. For me, non-competes are something I consider wrong.