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Independent Contractor Non Compete Agreement Template for Philippines

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Key Requirements PROMPT example:

Independent Contractor Non Compete Agreement

"I need an Independent Contractor Non-Compete Agreement for a software development consultant in Manila who will be working on our proprietary fintech platform starting March 2025, with a one-year non-compete period covering the Philippines and Singapore."

Document background
The Independent Contractor Non-Compete Agreement is essential for businesses in the Philippines engaging independent contractors who will have access to sensitive information, trade secrets, or valuable client relationships. This document combines the establishment of an independent contractor relationship with necessary protective measures for the business. It includes specific provisions regarding the scope of services, compensation, and most importantly, post-engagement restrictions on competitive activities. The agreement must comply with Philippine law requirements, particularly the Civil Code and competition laws, ensuring that non-compete provisions are reasonable and enforceable. This document is particularly relevant when engaging high-level consultants, specialists, or professionals who could potentially compete with the business after the engagement ends.
Suggested Sections

1. Parties: Identifies the contracting parties - the company and the independent contractor, including their complete legal names and addresses

2. Background: Explains the context of the agreement, nature of the company's business, and the independent contractor's services

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competing Business', 'Territory', and 'Restricted Period'

4. Independent Contractor Relationship: Clearly establishes the nature of the relationship as independent contractor, not employment

5. Scope of Services: Outlines the services to be provided by the contractor

6. Term and Termination: Specifies the duration of the agreement and conditions for termination

7. Non-Compete Obligations: Details the specific restrictions on competing activities, including temporal and geographical limitations

8. Non-Solicitation: Prohibits solicitation of company's employees, contractors, and clients

9. Confidentiality: Outlines obligations regarding confidential information and trade secrets

10. Intellectual Property Rights: Addresses ownership and rights to work product created during the engagement

11. Compensation: Details payment terms, rates, and payment schedule

12. Representations and Warranties: Contains standard representations and warranties from both parties

13. Indemnification: Outlines mutual indemnification obligations

14. General Provisions: Includes standard boilerplate clauses like governing law, notices, and amendments

Optional Sections

1. Insurance Requirements: Required when the contractor needs to maintain specific insurance coverage

2. Equipment and Resources: Include when the company provides specific tools or resources to the contractor

3. Performance Metrics: Add when specific performance standards need to be measured and maintained

4. Dispute Resolution: Include detailed arbitration or mediation procedures when preferred over court litigation

5. Compliance with Specific Regulations: Add when the services involve regulated industries or specific compliance requirements

6. Exit Interview: Include when requiring formal handover procedures upon termination

7. Training and Support: Add when the company provides specific training or ongoing support

Suggested Schedules

1. Schedule A - Scope of Services: Detailed description of services to be provided, including specific deliverables and timelines

2. Schedule B - Compensation Structure: Detailed breakdown of fees, payment terms, and any performance-based incentives

3. Schedule C - Restricted Territory: Map or detailed description of the geographical area covered by non-compete restrictions

4. Schedule D - Competing Businesses: List of specific competitors or types of businesses considered competitive

5. Schedule E - Confidential Information: Detailed list of types of confidential information covered by the agreement

6. Appendix 1 - Required Qualifications: List of certifications, licenses, or qualifications the contractor must maintain

7. Appendix 2 - Approved Tools and Equipment: List of company-provided or approved tools and equipment for service delivery

Authors

Alex Denne

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

Relevant legal definitions






































Clauses


































Relevant Industries

Information Technology

Management Consulting

Professional Services

Healthcare

Financial Services

Engineering

Digital Marketing

Software Development

Business Process Outsourcing

Creative Services

Research and Development

Telecommunications

Education and Training

Relevant Teams

Legal

Human Resources

Procurement

Finance

Information Technology

Research & Development

Business Development

Operations

Project Management Office

Marketing

Product Development

Sales

Strategy

Relevant Roles

Consultant

Software Developer

Business Analyst

Project Manager

Marketing Specialist

Financial Advisor

Technical Architect

Training Specialist

Research Analyst

Digital Marketing Consultant

Management Consultant

IT Security Specialist

Healthcare Consultant

Systems Engineer

Product Designer

Content Strategist

Sales Consultant

UX/UI Designer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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