Palm Beach Florida Contract with Self-Employed Independent Contractor with Confidentiality Agreement and Covenant Not to Compete

State:
Multi-State
County:
Palm Beach
Control #:
US-01771BG
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Word; 
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Description

An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.


Restrictions to prevent competition by a present or former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employ¬ment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.


This form contains a confidentiality clause. The most important part of a confidentiality clause is the definition or description of the confidential information. Ideally, the contract should set forth as specifically as possible the scope of information covered by the agreement. However, the disclosing party may be reluctant to describe the information in the contract, for fear that some of the confidential information might be revealed in the contract itself.

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FAQ

Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.

In most circumstances, the answer is yes. Florida law recognizes the validity of a non-compete clause. Florida businesses can reach agreements with their employees limiting the employees' ability to compete with the business for a certain period of time.

In a non-compete agreement, you will be taxed at ordinary income levels on the value of the non-compete but you will not be subject to self-employment tax. Your savings is the value of the self-employment tax or 15.3%.

Under Florida law, in certain circumstances, an independent contractor agreement can contain an enforceable non-compete clause. Florida courts will uphold a non-compete agreement if the non-compete clause is reasonable in geographic scope and reasonable in its time-frame.

In some jurisdictions, companies can require independent contractors to agree to a non-compete, and it will be enforceable under local law. In other places, they're permitted and enforceable as long as the substance of the non-compete satisfies certain regulations, and still in others, they're downright forbidden.

Therefore, non-compete agreements are often unenforceable against independent contractors because this would cause the business to forfeit its own profit and prosperity in simple exchange for a portion of its business.

Under Florida law, in certain circumstances, an independent contractor agreement can contain an enforceable non-compete clause. Florida courts will uphold a non-compete agreement if the non-compete clause is reasonable in geographic scope and reasonable in its time-frame.

So are noncompete agreements enforceable in Florida? The simple answer is yes. Florida statutes and courts will enforce the clause of a noncompete agreement in many cases. However, Florida law has requirements that certain noncompete agreement must follow to be enforceable (e.g., geographic area, amount of time).

You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.

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Employee or agent. 1. According to FL Statute 542.335(1)(d)(1), non-compete agreements are enforceable against an independent contractor just like an employee. Read this disclosure document and all accompanying agreements carefully. Our acceptance of your. Fictitious names, adhere to the covenants not to compete and not to solicit in the franchise agreement. j. Browse over 1500 Florida businesses for sale on BizBuySell. Of Independent Contractor within the Florida counties of Palm Beach Broward.

We have found your company to be. In good standing with the Florida Department of. For the convenience of our customer's please. Provide us all Company contact information. Contact information can be faxed to 619.834.0018 or mailed. Fax number and e-mail address is. We will confirm whether you have made prior arrangements. For new franchises please call us at any time at. We have all the forms available in our. In order to ensure you do not violate the . For Franchise. 3. If you are an independent contractor you may not: (a) Participate in any employment or labor negotiation, hiring or hiring for-hire. (b) Seek to make any contract, alliance, or understanding with any person or entity for services (except as follows: (1) To establish a joint venture to engage in business activities other than the sale of goods in which you are employed; and (2) With any person or entity to perform services for the franchisee.

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Palm Beach Florida Contract with Self-Employed Independent Contractor with Confidentiality Agreement and Covenant Not to Compete