Subcontractor Non Solicitation Agreement Template 2026

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Key Takeaways. California law strictly prohibits non-compete clauses for both employees and independent contractors under Business and Professions Code Section 16600.
A non-solicitation agreement is only enforceable if it meets the criteria of a five-part legitimate business test. The restrictive covenant is null and void if it does not meet these five requirements: The employee receives adequate consideration.
Permissible Exceptions The agreement may outline specific exceptions to the non-solicitation restrictions. These exceptions could include situations where the restricted partys solicitation is authorized by the company, or when the solicitation results from general job postings or public job advertisements.
Non-solicitation clauses restrict independent contractors from approaching or poaching the companys clients, customers, and employees. They focus on protecting existing business relationships and preventing the loss of assets to competitors.
You shall not, directly or indirectly, in any manner, solicit, entice or attempt to persuade any consultant of the Company to leave the Company in order to work for or otherwise engage with a Competing Business or otherwise participate in or facilitate the hire, directly or through another entity, of any person who is
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People also ask

Do NDAs apply to independent contractors? Yes, independent contractors must comply with the terms of non-disclosure agreements. If a contractor shares confidential information with third parties without permission, an indemnification clause is triggered, leading to hefty fines and penalties.
This might look something like this: During the term of this Agreement and for a one (1) year term thereafter, (Contractor Name) shall not solicit or encourage any employee, vendor, independent contractor, or client of (Company Name) to leave or terminate their relationship with (Company Name) for any reason.

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