Non Compete With Independent Contractor Template for Switzerland

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Key Requirements PROMPT example:

Non Compete With Independent Contractor

"I need a Non Compete With Independent Contractor agreement for a senior software developer contractor in Zurich who will have access to our proprietary AI algorithms, with a 12-month restriction period starting from March 2025 and covering Switzerland and neighboring EU countries."

Document background
This Non-Compete With Independent Contractor agreement is designed for use in Switzerland when engaging independent contractors who will have access to sensitive business information, trade secrets, or valuable client relationships. The document balances the protection of legitimate business interests with Swiss legal requirements regarding reasonable restrictions on economic freedom. It specifically addresses the unique aspects of independent contractor relationships, distinguishing them from employment relationships while implementing enforceable non-compete provisions. The agreement complies with Swiss Code of Obligations requirements regarding temporal and geographical limitations, and includes necessary provisions for compensation. It's particularly useful when engaging high-level consultants, specialized service providers, or technical experts who could pose a competitive threat if they were to work with competitors immediately after the engagement.
Suggested Sections

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

2. Background: Context of the agreement, nature of the business relationship, and legitimate business interests being protected

3. Definitions: Key terms including 'Competitive Activity', 'Confidential Information', 'Territory', and 'Restricted Period'

4. Scope of Non-Compete: Detailed description of prohibited competitive activities and specific limitations

5. Geographic Limitation: Clear definition of the territorial scope of the non-compete restriction

6. Duration: Specific time period for the non-compete obligation, ensuring compliance with Swiss law reasonableness requirements

7. Compensation: Specific consideration provided for the non-compete obligation

8. Independent Contractor Status: Clear statement of independent contractor relationship and its implications

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Enforcement: Remedies and enforcement mechanisms including potential liquidated damages

11. General Provisions: Standard clauses including governing law, jurisdiction, severability, and entire agreement

Optional Sections

1. Non-Solicitation: Additional restrictions on soliciting clients or employees, included when specific protection of customer relationships is needed

2. Garden Leave: Provisions for paid non-compete period, included when immediate cessation of activities is desired

3. Training and Development: Provisions regarding specialized training provided, included when company has invested in contractor's skill development

4. Post-Termination Obligations: Additional obligations beyond non-compete, included when broader protection is needed

5. Monitoring and Reporting: Requirements for contractor to report activities during restricted period, included for high-risk situations

6. Exception Circumstances: Specific situations where non-compete restrictions may be waived, included when flexibility is desired

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed map or list of geographical areas covered by the non-compete

2. Schedule 2 - Competitive Activities: Detailed list of specific prohibited activities and competitors

3. Schedule 3 - Compensation Details: Breakdown of consideration and payment terms for the non-compete obligation

4. Appendix A - Confidential Information: Specific categories of confidential information covered by the agreement

5. Appendix B - Client List: List of protected clients or customer relationships, if applicable

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

Relevant Industries

Technology

Professional Services

Management Consulting

Financial Services

Healthcare

Research and Development

Software Development

Engineering

Creative Industries

Biotechnology

Legal Services

IT Consulting

Relevant Teams

Legal

Human Resources

Procurement

Risk Management

Compliance

Operations

Project Management Office

Research & Development

Information Technology

Business Development

Strategy

Professional Services

Relevant Roles

Consultant

Senior Developer

Technical Architect

Business Analyst

Project Manager

Strategy Consultant

Financial Advisor

Research Scientist

Creative Director

Solutions Architect

Market Research Analyst

Technical Specialist

Management Consultant

Software Engineer

Data Scientist

Industries
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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