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If a company is simply trying to prevent competition, the non-compete will likely be unenforceable. What about independent contractor agreements? It is possible to apply non-compete clauses to independent contractors but there is a much higher likelihood that such a clause is unenforceable.
Scope of work The consultant doesn't implement the strategies they suggest. The client puts the suggestions into action. On the other hand, a contractor performs the work for their clients. A typical contract stipulates that they're responsible for completing a defined set of tasks in the way the client wants.
It is possible to apply non-compete clauses to independent contractors but there is a much higher likelihood that such a clause is unenforceable.
Here are six best practices to write a consulting contract that defines your project scope and protects both you and your business. Define Duties, Deliverables, and Roles. ... Prepare for Potential Risk. ... Specify Project Milestones and Engagement Time. ... Identify Expenses and Outline Payment Terms. ... Specify Product Ownership.
Here are some tips you can follow: Talk to a Lawyer. ... Consider the Scope of the Agreement. ... Limit the Scope of the Agreement. ... Exclude Certain Activities from the Agreement. ... Negotiate a ?Severance Package? in Exchange for Signing the Agreement. ... Don't Sign the Agreement If You Disagree or Don't Understand It.