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vincent2013
vincent2013, JustAnswer Expert
Category: Employment Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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I sighed a agreement for the provision of photographic services. on

Resolved Question:

I sighed a agreement for the provision of photographic services.
on part 13 of agreement non-compete it says.
During the term of this agreement and for a period of twelve months after termination,
the subcontractor shall not,
whether itself or as principal,agent,proprietor,shareholderer director,employee,associate,partner,representative,contractor,
Advisor or assistant of or to any business or entiity,directly or indirectly solicit,promote,
contract with or accept or carry on any business for any client who was,
during the term of this Agreement or at any time within twelve months of the date of termination of this Agreement,a client of the company for whom the subcontractor Performed services,

What could the company do, if this agreement was not adeared to on any of these points ,could you be taken to court
Submitted: 3 years ago.
Category: Employment Law
Expert:  vincent2013 replied 3 years ago.
Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.

Yes, a company can take legal action for breach of a non-solicitation provision (seeking injunctive relief and/or damages).

In determining whether the clause itself would be enforceable, the court would examine whether there was a legitimate business interest being protected and whether the protection is reasonable (having regard to the parties' interests and the public interest). This would be the case for an employee or a self-employed contractor.

In many cases it will be commercially sensible to restrain a contractor's activities after the contract ends but the court does usually take a narrower approach to restrictive covenants in agreements with self-employed contractors in order to avoid unreasonable restraints to trade.

I hope that's helpful.
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