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Restriction of Trade
by ability at 09:28 18/10/13 (Letters from Freelancers)
In response to the Ask-Legal-Accounting post by AJP1966 at 12:04 17/10/13 (Ask-Legal-Accounting)

"The agent has included a clause that says that I cannot take a contract with another division of the client within 6 months of the ending of this contract.

I think this is a restriction of trade and as such should be removed from the contract.

The agent is saying I am wrong. They also refuse point blank to change any of the contract"

Is the restriction that you cannot take a contract with another division at all within 6 months, or that you cannot take a contract through another agency?

I have never seen the former and cannot see the point of it.

I have seen the latter many times, as a means of the agency protecting itself from doing the upfront work of introducing you to the client & then you moving to another agency. I am not sure whether it is actually enforceable, but it has never been an issue for me.

I had one situation where I was about to work for a satellite subsidary of a large European Aersospace and Defence Company and there was initially such a clause. When I pointed out how wide ranging & restrictive this would be, the agent agreed to reduce its range.

--
ability

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