This form provides boilerplate contract clauses that outline consent requirements for any assignment or delegation of rights under a contract. Several different language options representing various levels of restriction are included to suit individual needs and circumstances.
Washington Consent of the Nonassigning Party Provisions
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How to fill out Consent Of The Nonassigning Party Provisions?
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FAQ
In Washington, non-solicitation clauses will be enforced so long as they're reasonable and lawful. This is the same standard that's applied to non-compete agreements and, in fact, Washington courts analyze non-solicitation restrictions in the same way they analyze non-compete restrictions.
Retroactivity: The law, when enacted on January 1, 2024, will have a retroactive effect. Existing restrictive covenants will need prompt attention and likely revision or revocation.
Only employees or independent contractors who earn more than the thresholds established by law can be held to non-competition agreements. If an employee or independent contractor has earnings less than the threshold specified under law, the non-compete agreements is considered void and unenforceable under RCW 49.62.
The law is retroactive. Noncompetition agreements entered into before 2020 must comply with the new law. If an employer has an unlawful covenant drafted prior to Jan. 1, 2020, the employer will be subject to penalties if they attempt to enforce the unlawful covenant against the employee after 1, 2020.
Retroactive application. This chapter applies to all proceedings commenced on or after January 1, 2020, regardless of when the cause of action arose. To this extent, this chapter applies retroactively, but in all other respects it applies prospectively. [ 2019 c 299 § 11.]
If there is language in the contract that states it can't be assigned, the other party must consent to an assignment before you can proceed. Second, the parties must execute an assignment. Create an agreement that transfers the rights and obligations of one party to the assignee.
Noncompetes in Washington Each minimum compensation threshold is adjusted annually for inflation. (The current thresholds for 2023 are $116,593.18 for employees and $291,482.95 for independent contractors.)
However, under a Washington law passed in 2019, which took effect on January 1, 2020, noncompetition agreements can be enforced only against employees who earn $100,000 or more based on an employee's income reported in Box 1 of Internal Revenue Service (IRS) Form W-2 and independent contractors earning more than ...
