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Non Compete And Independent Contractor Agreement

Non Compete And Independent Contractor Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Non Compete And Independent Contractor Agreement

"I need a Non Compete And Independent Contractor Agreement for a software development consultant who will be working on our proprietary fintech platform starting March 2025, with strict non-compete provisions covering the UAE and Saudi Arabia markets for 12 months post-termination."

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Document background
The Non-Compete And Independent Contractor Agreement is designed for use in the United Arab Emirates when engaging independent contractors or consultants while ensuring protection of the company's business interests. This document is particularly relevant in situations where contractors will have access to sensitive information, trade secrets, or valuable client relationships. It combines the necessary elements of an independent contractor relationship (scope of work, compensation, independence of operations) with robust non-compete provisions that comply with UAE Federal Decree-Law No. 33 of 2021 and UAE Cabinet Resolution No. 1 of 2022. The agreement is structured to be enforceable under UAE law, with careful attention paid to the geographical scope and duration of non-compete restrictions, as well as the legitimate business interests being protected.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details

2. Background: Context of the agreement, nature of the business relationship, and general purpose

3. Definitions: Key terms used throughout the agreement, including Confidential Information, Competitive Business, Territory, and Restricted Period

4. Scope of Services: Detailed description of the services to be provided by the contractor

5. Independent Contractor Status: Clear statement of independent contractor relationship and disclaimer of employment relationship

6. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

7. Compensation and Payment Terms: Fee structure, payment schedule, and expense reimbursement policies

8. Non-Compete Obligations: Specific restrictions on competitive activities, including duration and geographic scope as per UAE law

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property Rights: Ownership and transfer of work product and intellectual property

11. Representations and Warranties: Statements of fact and promises made by both parties

12. Indemnification: Obligations to protect against losses and liability

13. Governing Law and Jurisdiction: UAE law as governing law and jurisdiction for dispute resolution

14. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Insurance Requirements: Specific insurance coverage requirements for the contractor - include when the services involve significant risk or liability

2. Equipment and Resources: Provisions regarding tools and resources provided by either party - include when specific equipment or resources are needed

3. Performance Metrics: Specific KPIs and performance standards - include when the services can be objectively measured

4. Training and Support: Provisions for any training or support provided by the company - include when specialized knowledge transfer is required

5. Compliance with Company Policies: Requirements to follow specific company policies - include when contractor needs access to company premises or systems

6. Non-Solicitation: Restrictions on soliciting employees or clients - include when contractor has significant client or employee contact

7. Data Protection: Specific data handling and protection requirements - include when personal or sensitive data is involved

8. Force Majeure: Provisions for unforeseen circumstances - include when long-term or critical services are involved

Suggested Schedules

1. Schedule A - Scope of Services: Detailed description of services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed breakdown of fees, payment terms, and any variable compensation

3. Schedule C - Restricted Activities: Specific list of prohibited competitive activities and competitors

4. Schedule D - Territory Definition: Detailed description of geographic areas covered by non-compete provisions

5. Schedule E - Company Materials: List of company resources, materials, or equipment provided to contractor

6. Appendix 1 - Service Level Requirements: Specific performance standards and metrics if applicable

7. Appendix 2 - Compliance Requirements: Specific regulatory or industry compliance requirements

8. Appendix 3 - Required Insurance Coverage: Detailed insurance requirements and minimum coverage amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Business Day
Company
Company Materials
Competitor
Confidential Information
Contractor
Deliverables
Effective Date
Intellectual Property Rights
Non-Compete Period
Payment Terms
Professional Services
Project
Restricted Activities
Restricted Territory
Services
Term
Trade Secrets
Work Product
Client
Affiliate
Termination Date
Compensation
Confidential Materials
Business Hours
Governing Law
Dispute Resolution
Force Majeure Event
Indemnified Parties
Notices
Performance Standards
Quality Requirements
Restricted Business
Service Location
Specifications
Authorized Representative
Business Relationship
Commercial Information
Clauses
Parties
Recitals
Definitions
Scope of Services
Independent Contractor Status
Term
Termination
Compensation
Payment Terms
Non-Compete
Confidentiality
Intellectual Property
Work Product
Representations and Warranties
Performance Standards
Compliance with Laws
Indemnification
Insurance
Assignment
Subcontracting
Force Majeure
Notice
Amendment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Data Protection
Non-Solicitation
Audit Rights
Tax Obligations
Expenses
Relationship of Parties
Waiver
Counterparts
Relevant Industries

Technology

Professional Services

Management Consulting

Software Development

Creative Industries

Healthcare

Engineering

Financial Services

Education and Training

Marketing and Advertising

Construction

Real Estate

Relevant Teams

Legal

Human Resources

Procurement

Operations

Executive Leadership

Finance

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Procurement Manager

Project Manager

Department Head

Operations Director

Chief Technology Officer

Business Development Manager

Finance Director

Managing Director

Chief Operating Officer

Industries
UAE Federal Decree-Law No. 33 of 2021 (UAE Labor Law): The primary legislation governing employment relationships in the UAE. Article 10 specifically addresses non-compete clauses, including duration, geographic scope, and enforcement requirements.
UAE Cabinet Resolution No. 1 of 2022: Provides detailed implementation regulations for the Labor Law, including specific provisions on non-compete agreements and their enforcement mechanisms.
UAE Federal Law No. 5 of 1985 (Civil Code): Governs contractual relationships and general principles of contract law, including formation, validity, and termination of contracts.
UAE Federal Law No. 18 of 1993 (Commercial Transactions Law): Relevant for independent contractor relationships, particularly regarding commercial agency and business relationships.
UAE Federal Law No. 4 of 2012 (Competition Law): Regulates competition and anti-competitive practices, which must be considered when drafting non-compete provisions.
UAE Federal Law No. 7 of 2002 (Copyright Law): Relevant for protecting intellectual property rights in independent contractor relationships.
UAE Federal Law No. 37 of 1992 (Trademark Law): Important for protecting business identity and trademark rights in the context of independent contractor agreements.
UAE Ministry of Human Resources and Emiratisation (MOHRE) Regulations: Administrative regulations and guidelines affecting independent contractor classifications and non-compete enforcement.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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