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Non-compete, Contractor

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Non-compete, Contractor

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Non-Compete, Contractor

_________________________________, referred to as CONTRACTOR and _________________________________, referred to as STATION, agree:

_________________________________ is employed by ___________________ as ________________________________________________________________.

CONTRACTOR and STATION acknowledge that as a result of the employer/employee relationship existing that CONTRACTOR will from time to time receive, or create confidential information related to trade secrets, future promotional plans, and that such information might be useful to competitors.

Upon termination of employment by STATION, CONTRACTOR shall not accept employment in any capacity, act as proprietor, shareholder or act as an independent contractor for any broadcasting station located within a radius of ______________________ miles from the center of the city of license of the STATION, for a period of _____________________ days.

The parties agree that the damages, which may be suffered by STATION upon violation of this agreement, are irreparable and intangible in nature. Therefore, the parties agree that STATION shall be entitled to injunctive relief to enforce this agreement.

The parties agree that all disputes related to this agreement shall be arbitrated under the rules of the American Arbitration Association, before a single arbiter. The decision of the arbiter shall be final, and may be entered by any Court of competent jurisdiction as a final judgment.

The prevailing party in any dispute related to his agreement shall be entitled to its reasonable counsel fees.

This is the entire agreement between the parties, and this agreement may only be modified in writing executed by both parties.

Dated: ________________________________

__________________________________________________
_________________________________, EMPLOYEE

__________________________________________________
___________________, STATION by an authorized officer

Non-Compete, Contractor
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This non-compete is tailored for a contractor of a station or location. You can easily tailor it for another situation.

1. Make multiple copies. Give one to the contractor; keep one with the specific project; keep one in your corporate files.

Frequently Asked Questions

What is a non-compete agreement for a contractor in broadcasting?

A non-compete agreement for a contractor in broadcasting is a contract between a contractor and a broadcasting station that restricts the contractor from working for competing stations after termination. The agreement typically specifies a geographic radius and a time period during which the contractor cannot accept employment, act as a proprietor, shareholder, or independent contractor for any broadcasting station. It is designed to protect the station's confidential information, trade secrets, and promotional plans.

What does a non-compete clause for a contractor typically include?

A non-compete clause for a contractor typically includes a prohibition on accepting employment in any capacity, acting as a proprietor, shareholder, or independent contractor for any broadcasting station within a specified radius from the station's city of license. It also specifies a time period after termination during which these restrictions apply. The clause often acknowledges that damages from violation are irreparable and intangible, allowing the station to seek injunctive relief.

How long does a non-compete last for a contractor?

The duration of a non-compete for a contractor is specified in the agreement as a number of days after termination of employment. The exact length is left blank in the template and must be filled in by the parties. It can vary depending on the negotiation between the contractor and the station.

What is the geographic scope of a non-compete for a contractor?

The geographic scope of a non-compete for a contractor is defined as a radius of a certain number of miles from the center of the city of license of the station. The specific mileage is left blank in the template and must be agreed upon by the parties. This means the contractor cannot work for any broadcasting station within that radius after termination.

Can a broadcasting station get an injunction to enforce a non-compete against a contractor?

Yes, the agreement states that the parties agree that damages may be irreparable and intangible in nature, and therefore the station shall be entitled to injunctive relief to enforce the agreement. This means the station can seek a court order to prevent the contractor from violating the non-compete. The agreement explicitly provides for this remedy.

What types of confidential information are protected by a non-compete for a contractor?

The non-compete protects confidential information related to trade secrets and future promotional plans that the contractor may receive or create during the employment relationship. The agreement acknowledges that such information might be useful to competitors. It does not list other specific types of confidential information.

What happens if a contractor violates a non-compete agreement with a broadcasting station?

If a contractor violates the non-compete agreement, the broadcasting station may seek injunctive relief to enforce the agreement. The agreement states that damages may be irreparable and intangible, meaning monetary damages might not be sufficient. The station can ask a court to order the contractor to stop the violating activities.

Is a non-compete agreement for a contractor enforceable?

The agreement itself states that the parties agree that the station shall be entitled to injunctive relief to enforce the agreement, indicating that the parties intend for it to be enforceable. However, enforceability ultimately depends on applicable laws and the specific circumstances, which are not addressed in the provided text. The template does not discuss legal standards for enforceability.

What is the definition of a contractor in a non-compete agreement for broadcasting?

In this agreement, the contractor is referred to as CONTRACTOR and is employed by a specified entity in a specified role. The agreement does not provide a general definition of 'contractor' beyond this context. The contractor is the individual subject to the non-compete restrictions.

What is the definition of a station in a non-compete agreement for broadcasting?

In this agreement, the station is referred to as STATION and is the broadcasting station that employs the contractor. The station is the party that seeks to protect its confidential information and enforce the non-compete restrictions. The agreement does not provide a general definition of 'station' beyond this context.

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