Solicitation clause: Copy, customize, and use instantly
Introduction
A solicitation clause governs the behavior of the parties involved in terms of recruitment or solicitation of employees, contractors, or clients. It typically prevents one party from hiring or attempting to hire the other party’s employees or clients for a specified period after the contract ends. This clause aims to protect the business interests and prevent undue disruption to the workforce or client base.
Below are solicitation clause templates tailored to various scenarios. Copy the one you need, customize it, and add it to your contract.
Standard solicitation clause
This clause prevents the solicitation of employees and clients.
The [receiving party] agrees not to directly or indirectly solicit, hire, or attempt to hire any employee, contractor, or client of the [disclosing party] for a period of [insert duration] after the termination of this agreement. This prohibition applies whether or not the [receiving party] is aware of the identity of the employee, contractor, or client.
Solicitation of employees clause
This clause applies specifically to the solicitation of employees.
The [receiving party] shall not solicit or hire any employee of the [disclosing party] during the term of this agreement and for a period of [insert duration] after its termination. Any violation of this clause will result in [insert penalties or damages].
Solicitation of contractors clause
This clause applies specifically to the solicitation of contractors.
The [receiving party] agrees not to solicit, engage, or hire any contractor working with the [disclosing party] during the term of this agreement and for a period of [insert duration] following its termination. The [disclosing party] will be entitled to claim any damages arising from a breach of this provision.
Solicitation of clients clause
This clause prevents the solicitation of clients or customers.
The [receiving party] agrees not to solicit or attempt to solicit business from any client or customer of the [disclosing party] with whom the [receiving party] had direct or indirect contact during the term of this agreement, for a period of [insert duration] after the termination of this agreement.
Non-solicitation of employees and contractors clause
This clause applies to both employees and contractors.
During the term of this agreement and for [insert duration] following its termination, the [receiving party] agrees not to solicit, hire, or engage any employee, independent contractor, or consultant of the [disclosing party] for purposes of employment or contracting.
Solicitation during the agreement term clause
This clause applies during the term of the agreement.
The [receiving party] agrees not to solicit, recruit, or hire any employee or contractor of the [disclosing party] during the term of this agreement. This clause remains in effect throughout the duration of the agreement and for [insert duration] after its termination.
Solicitation of competitors' clients clause
This clause applies when the [receiving party] solicits clients of the [disclosing party]'s competitors.
The [receiving party] shall not solicit, directly or indirectly, the clients or customers of any competitors of the [disclosing party] during the term of this agreement and for [insert duration] after its termination. This clause aims to prevent disruption to the [disclosing party]'s business relationships.
Solicitation exception clause
This clause allows exceptions to the non-solicitation agreement.
Notwithstanding the provisions of this solicitation clause, the [receiving party] may hire or engage individuals or clients who independently apply for a position or contract with the [receiving party], provided that no solicitation, inducement, or encouragement occurred directly or indirectly by the [receiving party].
Solicitation of employees upon contract termination clause
This clause applies after contract termination.
Upon the termination of this agreement, for any reason, the [receiving party] agrees not to solicit or employ any employee of the [disclosing party] for a period of [insert duration]. Any breach of this provision will entitle the [disclosing party] to seek appropriate remedies.
Solicitation of clients after termination clause
This clause applies to the solicitation of clients after the agreement ends.
The [receiving party] agrees not to solicit any clients or customers of the [disclosing party] for a period of [insert duration] following the termination of this agreement, whether or not the clients were involved in business with the [receiving party] during the term of the agreement.
Solicitation for competing businesses clause
This clause applies to soliciting for competing businesses.
The [receiving party] agrees that, during the term of this agreement and for a period of [insert duration] after its termination, they will not solicit or engage any employee, contractor, or client of the [disclosing party] for any competing business, either directly or indirectly.
Solicitation damages clause
This clause specifies the damages for solicitation violations.
In the event the [receiving party] breaches this non-solicitation clause, the [disclosing party] shall be entitled to seek liquidated damages in the amount of [insert amount or formula] for each violation, in addition to any other remedies available under law or equity.
Solicitation of employees and partners clause
This clause prevents the solicitation of both employees and business partners.
The [receiving party] agrees that during the term of this agreement and for a period of [insert duration] following its termination, they will not solicit, hire, or attempt to hire any employee or business partner of the [disclosing party] who was involved in the performance of this agreement.
Solicitation of affiliates clause
This clause applies to solicitation of affiliates.
The [receiving party] agrees not to solicit, recruit, or otherwise attempt to engage any affiliate of the [disclosing party] for a period of [insert duration] following the termination of this agreement. This clause is intended to protect the [disclosing party]'s business relationships and networks.
Solicitation of consultants clause
This clause applies to the solicitation of consultants.
The [receiving party] agrees that for [insert duration] after the termination of this agreement, they shall not solicit or hire any consultant of the [disclosing party], whether or not the consultant has been directly involved with the project under this agreement.
Solicitation of subcontractors clause
This clause applies to the solicitation of subcontractors.
The [receiving party] agrees not to solicit, engage, or hire any subcontractor of the [disclosing party] during the term of this agreement and for a period of [insert duration] after its termination. Any violation of this provision will result in the [receiving party] being liable for any damages caused to the [disclosing party].
Solicitation for joint ventures clause
This clause applies to solicitation for joint ventures.
The [receiving party] agrees not to solicit or attempt to form any joint venture or partnership with any business, employee, or contractor of the [disclosing party] for [insert duration] following the termination of this agreement, without prior written consent from the [disclosing party].
Solicitation for investment opportunities clause
This clause applies to investment solicitation.
The [receiving party] agrees not to solicit investment opportunities or funding from any of the [disclosing party]'s investors or funding partners during the term of this agreement and for [insert duration] following its termination, unless otherwise authorized by the [disclosing party].
Solicitation for customer referrals clause
This clause applies to solicitation for customer referrals.
The [receiving party] shall not solicit or attempt to engage in customer referrals or relationships with any customers of the [disclosing party] for [insert duration] after the termination of this agreement. Any breach of this provision will result in liability for damages incurred by the [disclosing party].
Solicitation in the event of a merger or acquisition clause
This clause applies to solicitation during mergers or acquisitions.
In the event of a merger or acquisition involving the [disclosing party], the [receiving party] agrees not to solicit any employees, contractors, or clients of the [disclosing party] for [insert duration] following the effective date of the merger or acquisition.
No solicitation of business assets clause
This clause applies to the solicitation of business assets.
The [receiving party] agrees that, for a period of [insert duration] following the termination of this agreement, they will not solicit or acquire any of the [disclosing party]'s business assets or intellectual property without the express written consent of the [disclosing party].
Solicitation of independent contractors clause
This clause applies to the solicitation of independent contractors.
The [receiving party] agrees not to solicit or hire any independent contractors working for the [disclosing party] during the term of this agreement and for [insert duration] after its termination. The [receiving party] shall also refrain from engaging in any activities that would encourage the independent contractor to breach their contract with the [disclosing party].
Solicitation of suppliers clause
This clause applies to the solicitation of suppliers.
The [receiving party] agrees that during the term of this agreement and for [insert duration] following its termination, they will not solicit or attempt to engage any supplier or vendor of the [disclosing party] with whom the [receiving party] had contact or relationship during the term of the agreement.
Solicitation for promotional campaigns clause
This clause applies to solicitation for promotional campaigns.
The [receiving party] agrees not to solicit or attempt to recruit any clients, customers, or business partners of the [disclosing party] for participation in promotional campaigns, contests, or marketing activities for [insert duration] after the termination of this agreement.
Solicitation of intellectual property rights clause
This clause applies to the solicitation of intellectual property.
The [receiving party] agrees not to solicit or seek to acquire any intellectual property rights from the [disclosing party] or its employees, contractors, or partners for the duration of this agreement and for a period of [insert duration] after termination, unless expressly authorized in writing by the [disclosing party].
Solicitation of business operations clause
This clause applies to the solicitation of business operations or clients.
The [receiving party] agrees not to solicit or attempt to engage in business operations or seek the clients of the [disclosing party] for [insert duration] after the termination of this agreement, unless written consent is provided by the [disclosing party].
Solicitation in a new market clause
This clause applies to solicitation in a new market or territory.
The [receiving party] agrees not to solicit or conduct business with the [disclosing party]'s clients or customers within any new market or territory introduced under this agreement for [insert duration] following its termination, without prior written consent from the [disclosing party].
No cross-recruitment solicitation clause
This clause applies to cross-recruitment of employees or contractors.
The [receiving party] agrees not to solicit or recruit employees, contractors, or any other individuals employed by the [disclosing party] or its affiliates to join competing businesses, or any other employment, for a period of [insert duration] after the termination of this agreement.
Solicitation of business relationships clause
This clause applies to the solicitation of business relationships.
The [receiving party] agrees not to solicit, encourage, or attempt to build any business relationships, whether directly or indirectly, with any of the [disclosing party]'s clients, customers, or partners during the term of this agreement and for a period of [insert duration] following its termination.
Solicitation of product distribution clause
This clause applies to the solicitation of product distribution channels.
The [receiving party] agrees not to solicit any distribution channels, resellers, or other business partners of the [disclosing party] for the promotion, marketing, or sale of similar products or services for [insert duration] following the termination of this agreement.
Solicitation of market research partners clause
This clause applies to the solicitation of market research partners.
The [receiving party] agrees not to solicit or attempt to engage any of the [disclosing party]'s market research partners, consultants, or research teams for a period of [insert duration] following the termination of this agreement.
Solicitation for competing business ventures clause
This clause applies to solicitation for competing ventures.
The [receiving party] agrees not to solicit or recruit employees, contractors, clients, or customers to participate in any competing business ventures or initiatives that could directly conflict with the interests of the [disclosing party] for [insert duration] following the termination of this agreement.
Solicitation of joint venture partners clause
This clause applies when joint venture partners are solicited.
The [receiving party] agrees not to solicit, recruit, or attempt to enter into a joint venture with any of the [disclosing party]'s joint venture partners during the term of this agreement and for [insert duration] following its termination, without prior written consent from the [disclosing party].
Solicitation of freelance contractors clause
This clause applies to the solicitation of freelance contractors.
The [receiving party] agrees not to solicit or hire any freelance contractors working with the [disclosing party] during the term of this agreement and for a period of [insert duration] after its termination. Any breach of this provision will entitle the [disclosing party] to seek appropriate remedies.
Solicitation of former employees clause
This clause applies to the solicitation of former employees.
The [receiving party] agrees not to solicit or attempt to hire any former employees of the [disclosing party] for a period of [insert duration] after the termination of their employment with the [disclosing party], whether or not they are directly involved in the performance of this agreement.
Solicitation during contract negotiations clause
This clause applies to solicitation during contract negotiations.
The [receiving party] agrees not to solicit, recruit, or otherwise attempt to hire any employees, contractors, or clients of the [disclosing party] during any contract negotiations and for [insert duration] after the termination of the agreement.
Solicitation of business contacts clause
This clause applies to the solicitation of business contacts.
The [receiving party] agrees not to solicit any business contacts, including suppliers, vendors, or potential clients, of the [disclosing party] during the term of this agreement and for [insert duration] following its termination.
Solicitation by competing parties clause
This clause applies when competing parties solicit employees or clients.
The [receiving party] agrees not to solicit or attempt to hire any employees, contractors, or clients from the [disclosing party], directly or indirectly, for any competing business for [insert duration] after the termination of this agreement.
Solicitation by third-party agents clause
This clause applies when third-party agents are involved in solicitation.
The [receiving party] agrees that neither they nor any third-party agents acting on their behalf will solicit, recruit, or attempt to engage any of the [disclosing party]'s employees, clients, or contractors during the term of this agreement and for a period of [insert duration] following its termination.
Solicitation after business transition clause
This clause applies to solicitation after a business transition.
After any business transition, acquisition, or restructuring involving the [disclosing party], the [receiving party] agrees not to solicit any employees, contractors, or clients of the [disclosing party] for a period of [insert duration], unless otherwise agreed upon in writing.
Solicitation during project involvement clause
This clause applies during project involvement.
The [receiving party] agrees not to solicit, recruit, or hire any employees, contractors, or clients of the [disclosing party] who were involved in the project under this agreement during the term of this agreement and for [insert duration] following its termination.
Solicitation for competing contracts clause
This clause applies to solicitation for competing contracts.
The [receiving party] agrees not to solicit or attempt to enter into any contract with any client or customer of the [disclosing party] that directly competes with the [disclosing party]'s business activities during the term of this agreement and for [insert duration] after its termination.
Solicitation of current clients clause
This clause applies to the solicitation of current clients.
The [receiving party] agrees not to solicit, contact, or attempt to engage any current clients or customers of the [disclosing party] during the term of this agreement and for [insert duration] following its termination.
Solicitation of client accounts clause
This clause applies to the solicitation of client accounts.
The [receiving party] agrees not to solicit or attempt to acquire any client accounts managed by the [disclosing party] during the term of this agreement and for [insert duration] after its termination. This includes any clients with whom the [receiving party] had direct contact during the agreement term.
Solicitation of business leads clause
This clause applies to the solicitation of business leads.
The [receiving party] agrees not to solicit, pursue, or otherwise attempt to engage any business leads or referrals introduced by the [disclosing party] during the term of this agreement and for [insert duration] following its termination.
Solicitation of employees through third parties clause
This clause applies to the solicitation of employees via third parties.
The [receiving party] agrees not to directly or indirectly solicit, hire, or encourage any employee of the [disclosing party] to leave their employment, including through third-party agents or recruiters, for [insert duration] after the termination of this agreement.
Solicitation for competitive services clause
This clause applies when solicitation involves competitive services.
The [receiving party] agrees not to solicit clients, customers, or business partners of the [disclosing party] to switch their business to a competitor or engage in competitive services for [insert duration] after the termination of this agreement.
Solicitation of personal services clause
This clause applies to the solicitation of personal services.
The [receiving party] agrees not to solicit any employee, contractor, or consultant of the [disclosing party] for personal services or side engagements outside of their work with the [disclosing party] for a period of [insert duration] after the termination of this agreement.
Solicitation of vendor relationships clause
This clause applies to the solicitation of vendor relationships.
The [receiving party] agrees not to solicit, engage, or establish any direct relationships with any vendors, suppliers, or service providers that are currently providing services to the [disclosing party] during the term of this agreement and for [insert duration] following its termination.
Solicitation during business negotiations clause
This clause applies during business negotiations.
The [receiving party] agrees not to solicit or attempt to hire any employees, contractors, or clients of the [disclosing party] during ongoing business negotiations and for a period of [insert duration] after the agreement’s termination.
Solicitation of partners for new ventures clause
This clause applies to the solicitation of partners for new business ventures.
The [receiving party] agrees not to solicit or attempt to engage any partners or collaborators of the [disclosing party] for new business ventures or opportunities for a period of [insert duration] after the termination of this agreement.
Solicitation after acquisition or change of control clause
This clause applies after acquisition or change of control.
In the event of an acquisition or change of control of the [disclosing party], the [receiving party] agrees not to solicit, hire, or attempt to engage any employees, contractors, or clients of the [disclosing party] for [insert duration] following the acquisition or change of control.
Solicitation by agents or representatives clause
This clause applies when agents or representatives are involved in solicitation.
The [receiving party] agrees that neither they nor any agents, representatives, or affiliates acting on their behalf will solicit, recruit, or hire any employees, contractors, or clients of the [disclosing party] for a period of [insert duration] after the termination of this agreement.
Solicitation of service providers clause
This clause applies to the solicitation of service providers.
The [receiving party] agrees not to solicit, recruit, or enter into any business relationship with any service providers or consultants working with the [disclosing party] for the duration of this agreement and for [insert duration] after its termination.
Solicitation of project collaborators clause
This clause applies to the solicitation of project collaborators.
The [receiving party] agrees not to solicit or attempt to recruit any individuals who collaborated on projects with the [disclosing party] during the term of this agreement for [insert duration] following its termination.
Solicitation of resources from affiliated companies clause
This clause applies to the solicitation of resources from affiliated companies.
The [receiving party] agrees not to solicit any resources, including employees, contractors, or business assets, from any affiliate or subsidiary of the [disclosing party] during the term of this agreement and for [insert duration] after its termination.
Solicitation for referral networks clause
This clause applies to solicitation of referral networks.
The [receiving party] agrees not to solicit or attempt to build a referral network from any individuals or entities associated with the [disclosing party] during the term of this agreement and for [insert duration] following its termination.
Solicitation for joint promotions clause
This clause applies to the solicitation of joint promotions.
The [receiving party] agrees not to solicit any joint promotion opportunities or collaborations with the [disclosing party]'s clients, customers, or partners for [insert duration] after the termination of this agreement.
Solicitation for event participation clause
This clause applies to the solicitation of event participation.
The [receiving party] agrees not to solicit any employees, contractors, clients, or partners of the [disclosing party] to participate in or attend any events, seminars, or trade shows organized by competing businesses for a period of [insert duration] following the termination of this agreement.
Solicitation of company trade secrets clause
This clause applies to the solicitation of trade secrets.
The [receiving party] agrees not to solicit, share, or misuse any trade secrets or proprietary information of the [disclosing party] in a way that could affect the business or intellectual property rights of the [disclosing party] during the term of this agreement and for [insert duration] following its termination.
Solicitation for competitive bids clause
This clause applies to the solicitation of competitive bids.
The [receiving party] agrees not to solicit or encourage any bids, proposals, or quotations from the [disclosing party]'s current or potential clients that could compete with the [disclosing party]'s business interests for [insert duration] after the termination of this agreement.
Solicitation for funding opportunities clause
This clause applies to solicitation of funding opportunities.
The [receiving party] agrees not to solicit funding, investments, or financial support from the [disclosing party]'s investors or financial partners for any competing venture or business for [insert duration] following the termination of this agreement.
Solicitation for business referrals from competitors clause
This clause applies when business referrals from competitors are solicited.
The [receiving party] agrees not to solicit business referrals or recommendations from competitors of the [disclosing party] for any services or products offered by the [receiving party] during the term of this agreement and for [insert duration] after its termination.
Solicitation of research collaborators clause
This clause applies to solicitation of research collaborators.
The [receiving party] agrees not to solicit or attempt to recruit any individuals involved in collaborative research with the [disclosing party] for a period of [insert duration] following the termination of this agreement.
Solicitation of intellectual property for third parties clause
This clause applies to the solicitation of intellectual property for third parties.
The [receiving party] agrees not to solicit any intellectual property owned or developed by the [disclosing party] for use by third parties for [insert duration] following the termination of this agreement, without prior written consent from the [disclosing party].
Solicitation of employees for competitor contracts clause
This clause applies when employees are solicited for competitor contracts.
The [receiving party] agrees not to solicit or recruit any employees of the [disclosing party] to work on contracts or projects for competing businesses for a period of [insert duration] after the termination of this agreement.
Solicitation of confidential business data clause
This clause applies to the solicitation of confidential data.
The [receiving party] agrees not to solicit, use, or share any confidential business data or strategies of the [disclosing party] for competing purposes during the term of this agreement and for [insert duration] following its termination.
Solicitation of business contacts from terminated employees clause
This clause applies to the solicitation of business contacts after employee termination.
The [receiving party] agrees not to solicit or attempt to engage any business contacts, including clients or suppliers, from employees who leave the [disclosing party] during the term of this agreement or for [insert duration] following their departure.
Solicitation for advisory roles clause
This clause applies to the solicitation of advisory roles.
The [receiving party] agrees not to solicit any advisory or consultant roles from the [disclosing party]'s employees, contractors, or business partners for a period of [insert duration] after the termination of this agreement. This includes any form of advisory capacity or consulting on competitive matters.
Solicitation of distribution partners clause
This clause applies to the solicitation of distribution partners.
The [receiving party] agrees not to solicit or attempt to enter into any distribution or reseller agreements with any distribution partners of the [disclosing party] for [insert duration] following the termination of this agreement. Any such solicitation will be deemed a breach of this provision.
Solicitation during contract renewal clause
This clause applies to solicitation during contract renewals.
The [receiving party] agrees not to solicit or recruit employees, contractors, or clients of the [disclosing party] during any contract renewal periods and for [insert duration] following the termination of this agreement. This provision ensures protection during ongoing negotiations.
Solicitation in foreign markets clause
This clause applies to the solicitation in foreign markets.
The [receiving party] agrees not to solicit or attempt to engage the [disclosing party]'s clients, suppliers, or employees in any foreign markets where the [disclosing party] conducts business during the term of this agreement and for [insert duration] after its termination.
Solicitation by corporate affiliates clause
This clause applies to solicitation by affiliates.
The [receiving party] agrees that neither they nor any of their corporate affiliates will solicit or attempt to recruit the [disclosing party]'s employees, contractors, or clients for [insert duration] after the termination of this agreement.
Solicitation of customers from specific industries clause
This clause applies to the solicitation of customers within specific industries.
The [receiving party] agrees not to solicit clients or customers of the [disclosing party] within the industries of [insert industries] for [insert duration] after the termination of this agreement. This clause is designed to prevent targeted solicitation in strategic sectors.
Solicitation for cross-industry ventures clause
This clause applies to the solicitation for ventures across industries.
The [receiving party] agrees not to solicit employees, contractors, or clients of the [disclosing party] for any cross-industry business ventures during the term of this agreement and for [insert duration] after its termination.
Solicitation for research partnerships clause
This clause applies to solicitation for research partnerships.
The [receiving party] agrees not to solicit any research partners or collaborators working with the [disclosing party] during the term of this agreement and for [insert duration] following its termination. This includes both academic and commercial research collaborations.
Solicitation by contractors clause
This clause applies to solicitation by contractors.
The [receiving party] agrees not to solicit or hire any contractors who have worked with the [disclosing party] on the project or business activities outlined in this agreement during its term and for [insert duration] after its termination.
Solicitation for strategic alliances clause
This clause applies to the solicitation for strategic alliances.
The [receiving party] agrees not to solicit or enter into any strategic alliances or partnerships with the [disclosing party]'s partners or affiliates for [insert duration] after the termination of this agreement.
Solicitation of franchise opportunities clause
This clause applies to solicitation of franchise opportunities.
The [receiving party] agrees not to solicit or offer any franchise opportunities to the [disclosing party]'s franchisees or customers for [insert duration] after the termination of this agreement, to prevent potential conflicts of interest.
Solicitation by competing brands clause
This clause applies to solicitation by competing brands.
The [receiving party] agrees not to solicit employees, contractors, or clients associated with the [disclosing party] for business with any brand or company in direct competition with the [disclosing party] for a period of [insert duration] following the termination of this agreement.
Solicitation for affiliate marketing partnerships clause
This clause applies to solicitation for affiliate marketing partnerships.
The [receiving party] agrees not to solicit or enter into affiliate marketing agreements or partnerships with the [disclosing party]'s affiliates or partners for [insert duration] after the termination of this agreement. This clause helps maintain the integrity of the [disclosing party]'s business relationships.
Solicitation for supply chain partnerships clause
This clause applies to solicitation for supply chain partnerships.
The [receiving party] agrees not to solicit or form any supply chain partnerships with any of the [disclosing party]'s suppliers or manufacturers during the term of this agreement and for [insert duration] following its termination.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.