Non-Compete And Non-Solicitation Agreement Templates For Photographers printable pdf download

Non-Compete and Non-Solicitation Agreements for Photographers

PPA often talks to members who are looking for a “non-compete” agreement that they

can present to their employees. Please be aware that state laws on covenants not to

compete vary widely; in fact, such agreements are prohibited in some states as an

unlawful restraint of trade. In other states, there are restrictions on when an employer

may present such an agreement to an employee and, in certain situations, it may be

necessary to pay employees additional compensation for signing an agreement. PPA

recommends that you consult with a local attorney before asking anyone to sign a

non-compete or non-solicitation agreement.

Non-compete agreements generally contain three key restrictions: specific business

activity related to the employee’s duties, territorial limits, and a specific time period.

Non-solicitation agreements are similar except that they generally restrict activities in

regard to certain clients of the business.

Sample Non-Compete Language

Employee agrees that he or she will not engage in the business of ____________

(restricted activity) within ______________ (geographic limitation) for a period of

____________ (time limitation) following termination of their employment. This clause

shall be effective regardless of the reason for the termination of employment.

Sample Non-Solicitation Language

Employee agrees not to solicit any customer of (STUDIO NAME) with whom they have

contact during their course of employment for _______________ (services offered by the

studio) services for a period of ___________(time limitation) following termination of

their employment. This clause shall be effective regardless of the reason for the

termination of employment.

Even in states where these agreements are legal, an overly aggressive approach in

drafting the terms of the agreement can cause it to be unenforceable. Indeed, while courts

in some jurisdictions will modify an agreement in order to make it enforceable, others

will invalidate the entire agreement even if just one portion of it is considered

unenforceable.

Most courts review non-compete agreements by asking whether the agreement is

designed to protect the legitimate business interests of the employer without unduly

burdening the employee. Generally, the more specific you can be regarding the prohibited

business activity, the shorter the period of restriction and the smaller and more specific

the geographic area, the better your chances of success.

This document is provided to members of Professional Photographers of America for

general information purposes and shall not be considered legal advice. PPA strongly

recommends that photographers contact local counsel to determine the enforceability of

any non-solicitation or non-compete agreement.

Non-Compete And Non-Solicitation Agreement Templates For Photographers