Services Contract with Designer Including Covenant Not to Compete and Confidentiality Agreement - Self-Employed
About this form
The Services Contract with Designer Including Covenant Not to Compete and Confidentiality Agreement is a legal document designed for independent contractors hired for design work. This form outlines the responsibilities, payment structure, and essential confidentiality and non-compete clauses to protect the interests of both parties. It differs from standard employment contracts by establishing the designer as an independent contractor rather than an employee, which affects liability and tax obligations.
Main sections of this form
- Agreement date and identification of the designer and company
- Detailed description of services to be performed
- Compensation terms, including payment schedule
- Ownership rights concerning design work created
- Covenant not to compete and details on the duration of the restriction
- Confidentiality obligations regarding proprietary information
- Governing law and dispute resolution through arbitration
When this form is needed
This form should be used when a company hires an independent designer to perform specific design services. It is particularly important in situations where the company wants to safeguard its proprietary information and prevent the designer from competing for a set period after the contract ends. This is common in creative industries, such as graphic design, web design, or fashion design, where intellectual property is crucial.
Who can use this document
This form is intended for:
- Designers who work as independent contractors
- Businesses hiring independent contractors for design services
- Companies seeking to protect their intellectual property and trade secrets
Instructions for completing this form
- Identify the parties involved by entering the full names and addresses of the designer and company.
- Specify the date of the agreement to establish the effective date.
- Clearly describe the design services to be performed.
- Enter the agreed compensation amount and payment schedule.
- Detail the terms of the non-compete clause, indicating the duration of the restriction.
- Include signatures from both parties to validate the agreement.
Notarization guidance
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to specify the exact services to be performed, leading to ambiguity.
- Not including a clear compensation structure, which can lead to payment disputes.
- Neglecting to define the duration and geographical scope of the non-compete clause.
- Forgetting to include confidentiality obligations, which can jeopardize sensitive information.
Why complete this form online
- Easy access to a professionally drafted legal document.
- Edit and customize the form to meet specific needs without legal fees.
- Instant download availability allows for immediate use.
- Provides peace of mind with comprehensive protections for both parties.
Legal use & context
This Services Contract is enforceable as long as the non-compete and confidentiality clauses are reasonable in duration and scope. Courts typically uphold these agreements if they are designed to protect legitimate business interests without being overly restrictive.
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FAQ
In California, noncompete agreements are illegal as a matter of public policy. This means that an employer cannot keep an employee from going to work for a competitor or starting a competing business once the employment relationship ends.
Voiding a non-compete contract is possible in certain circumstances. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
The seller's ability to compete. The seller's intent to compete. The seller's economic resources. Potential damage posed by the seller's competition. The seller's expertise in the industry in question.
Most courts in the United States will not enforce a non-compete clause when it places an unreasonable restraint on the independent contractors' ability to work.However, there are many different types of non-compete clauses that a court may still enforce against an independent contractor.
Study your competition. Write up the agreement. Have your agreement reviewed by a legal professional. Present the non-compete contract to your employee. If everyone is satisfied, sign and date the agreement.
California - Non-compete clauses are not enforceable under California law.Non-compete clauses are generally not enforceable. However, LegalNature's non-compete agreement may still be used to prohibit the employee from soliciting other employees (but not customers) away from the employer.
Well, if you are fortunate enough to be employed in California, the answer is NO, your current employer cannot stop you from going to work for a competitor.Although non-compete agreements are unenforceable in California, confidentiality agreements are enforceable.
When you leave a job some employers will say you can't work for a similar business for a certain amount of time. Your contract might restrict what work you can do next, but your employer can only do this if it's needed to protect their business.
Noncompetition agreements are illegal in California under Ca. B&P Code §16600. It does not matter if you were an independent contractor or an employee. Noncompetition agreements are illegal.
