Posted by ohionotary on 3/11/08 6:55pm
Msg #238964

Hard Core Solutions

This “Non Competing clause” shall remain in effect for "a period of no less than three years" after termination or un-renewed expiration of independent contractor agreement between Notary and Hard Core Solutions Inc.

What does anyone think about this part of HCS's Non-Compete Clause? 3 years?? I don't want to sign their contract because of this, but if I don't I won't get paid. Any suggestions?

Reply by GA/Atty on 3/11/08 7:02pm
Msg #238966

Very unlikely it would ever effect you.

The only practical purpose of clauses like these is to stop you from swooping in and taking a major chunk of their business (a big client) for yourself.

Yes I know technically it prohibits you from working for their clients through a different signing service in the future, but as a practical matter they are not going to raise the issue unless it is a clear cut case of unethical client piracy.

Reply by Teresa/FL on 3/11/08 7:07pm
Msg #238968

Strike through that clause and initial it, then sign the contract.

It's your right to delete contract terms you don't agree with. It is the company's right to accept or reject the modified contract.

It is not acceptable to withhold payment for an assignment that has already been completed based on an after-the-fact requirement.

Your assignment confirmation is your contract. Send them an invoice and a W-9 and that is all you need to do.

Reply by ohionotary on 3/11/08 7:12pm
Msg #238969

I didn't realize that I could strike-out a part of their contract. I think that's what I'm going to do. Thanks for the advice!

Reply by Linda_H/FL on 3/11/08 7:36pm
Msg #238977

I had a similar issue with one not so long ago

A non-compete clause referring to "present and future clients"..I wouldn't sign with that particular wording in there as I have no way of knowing who their future clients would be unless they periodically provided me with an updated client list...we couldn't come to an agreement about it. Thankfully, this came up BEFORE I did the signing...

Reply by Les_CO on 3/11/08 10:22pm
Msg #239002

What you have is some unenforceable contract written (or copied) by some moron. Do you really want to work for morons?