Non Disclosure, Non Compete, etc. contracts

[Flash Gordon]

Hey guys,

Attached are some contracts some guy from the AS[org] employment section wanted me to sign. I already told him to take a flying leap....but I wanted to get some other opinions for when these kinds of contracts come up again.

They are attached if you'd like to comment on them.
Thanks
:)

[devilmaycry]

hey, that one big contrat for a freelancer :D
but u done the right thing FG :), its just a freelancing

[CDHBookingEdge]

yeah looking at his website and such, it could be he had a standard set of documents and "shipped" them off to you. It quite possibly was a "scare tactic" mixed with an "I'm scared" tactic.

[Flash Gordon]

Oh I'm sure they are standard documents.....just look at how they are formatted. There are just a couple of details that I found "wierd". I was wondering if anyone would see the same things I saw without me pointing them out.

[CDHBookingEdge]

LOL I hear ya. One thing that I noticed and this is just nit-picking in a way. After having the title Non-Compete Agreemet, there was the desired need to add "THIS Non-Compete AGREEMENT," just made me laugh. I mean it's like is he considering you to not have a brain, and understand that this is a non-compete agreement? "or in competive with" bothers me as well but that's just on a personal basis.

Also just as a laugh, and I looked up the form they or their lawyer used, here is the first definition of inure "to accustom to hardship, difficulty, pain, etc.; toughen or harden; habituate"

Also notice that the date is filled in at the top but not at the bottom. Interesting.

LOL, sometimes a decision and a quick decision, has to be made. If you and the rest of you aren't hungering for morsels then you made the right decision.

Christopher

[Cota]

Its like I told you the other night...most standard non-compitition agreements say you wont work with their clients in the future...this one basically states you wont work in the web business for the next 3 years..

[Flash Gordon]

Its like I told you the other night...most standard non-compitition agreements say you wont work with their clients in the future...this one basically states you wont work in the web business for the next 3 years..
:p

Yea....I just wanted to see if anyone else would read it that way too. The guy is actually rather nice and I have nothing bad to say about him. He sent me an email explaining what the contract meant in "plain english" and I could totally agree with it. In fact, I told him to change his contract to what he said and I would be onboard.....Alias, he did not. Wouldn't budget from what is written.

There was also the issue of "rights to files". This was supposed to be a quasi-long term team member. However, he wants all rights to everything that I build. Which means he sells them to the clients and I get nothing from the extra sells.

I was just hoping to find someone else what would pick up on those 2 things and comment a little.

[Flash Gordon]

The guy is actually rather nice and I have nothing bad to say about him.
Yea.....I take that back......

[coreymichaelstudio]

I did not read the contract but I assume it would be considered a voidable contract on the premises of illegality.

Here are the elements of a legal non-compete clause:

- Clause must protect some justifiable interest like goodwill or trade secrets
- Clause must be ancillary to ANOTHER contract
- The restriction on competition must be reasonable in time, geographic area, and scope (usually a max of 6months-2 years)
- Clause may not impose undue hardship - courts will not enfore contract if the restraints prevent a person from earning a livelihood

In the legal world, there is a trend for courts to refuse enforcement of these contracts unless the employer can bring forth very good evidence that he has protectible interest that compels enforcement of the clause.

Hope this helps,

Corey

[Cota]

Yea.....I take that back......

Eh...?