Restrictions to prevent competition by a former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.
Confidentiality and non-disclosure agreements are used to impose confidentiality obligations on parties receiving information on materials from disclosing parties which consider such information or material to be confidential
The designer in this form is an independent contractor rather than an employee. An independent contractor is a person who performs services for another person under an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
Kansas Services Contract with Designer Including Covenant Not to Compete and Confidentiality Agreement — Self-Employed is a legally binding agreement between a designer and a client in the state of Kansas. This comprehensive contract outlines the terms and conditions of the designer-client relationship, ensuring a clear understanding of expectations and protecting both parties' rights. The main purpose of this contract is to establish the scope of services provided by the designer, including but not limited to graphic design, web design, interior design, or any other design-related services. It covers various aspects crucial to the smooth functioning of the project and the protection of both the designer's intellectual property and the client's confidential information. The contract typically includes the following key sections: 1. Introduction: Sets out the parties involved, their contact information, and the effective date of the agreement. 2. Scope of Services: Clearly outlines the specific design services to be provided, including deliverables, timelines, and any limitations or exclusions. 3. Compensation: Specifies the compensation structure, such as hourly rates, flat fees, or a combination thereof, as well as payment terms and any additional expenses. 4. Ownership of Work: Establishes that all design work, including drafts, concepts, and final deliverables, remains the property of the designer until full payment is received. 5. Covenant Not to Compete: Protects the designer's interests by prohibiting the client from hiring or soliciting the designer's employees or contractors for a specified period. 6. Confidentiality: Ensures that any proprietary or confidential information shared during the project remains strictly confidential and may not be disclosed to third parties. 7. Termination: Outlines the conditions under which either party can terminate the agreement, including notice period and any associated charges or penalties. 8. Governing Law: Specifies that the contract is governed by and interpreted in accordance with the laws of the state of Kansas. 9. Dispute Resolution: Describes the preferred method for resolving disputes, such as mediation or arbitration, to avoid costly litigation. While the Kansas Services Contract with Designer Including Covenant Not to Compete and Confidentiality Agreement — Self-Employed is a comprehensive contract, there may be variations or additional clauses based on the specific needs of the parties involved. It is vital for both parties to carefully review and negotiate the terms of the agreement to ensure it aligns with their unique requirements and offers adequate protection.
