The Non-Compete and Independent Contractor Agreement is essential for New Zealand businesses engaging external professionals while protecting their competitive interests. This document is particularly relevant when companies need to engage skilled contractors who will have access to sensitive information, trade secrets, or valuable client relationships. It establishes the contractor's status as an independent service provider rather than an employee, while incorporating reasonable restraint of trade provisions compliant with New Zealand law. The agreement typically includes detailed terms about service delivery, compensation, intellectual property rights, and post-engagement restrictions. It's designed to comply with New Zealand's commercial and competition laws while providing clear guidelines for both parties regarding their rights, obligations, and restrictions during and after the engagement period.
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1. Parties: Identifies and provides full details of the contracting parties - the company and the independent contractor
2. Background: Explains the context of the agreement, the contractor's expertise, and the company's desire to engage their services
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Engagement and Scope: Establishes the independent contractor relationship and outlines the general scope of services
5. Independent Contractor Status: Explicitly confirms the contractor's status as an independent contractor, not an employee
6. Services and Obligations: Details the specific services to be provided and the contractor's obligations
7. Term and Termination: Specifies the duration of the agreement and conditions for termination
8. Compensation and Payment Terms: Outlines fees, payment schedule, expenses, and invoicing requirements
9. Non-Compete Provisions: Details restrictions on competitive activities during and after the agreement
10. Confidentiality: Defines confidential information and obligations to maintain confidentiality
11. Intellectual Property: Addresses ownership and rights to work product and pre-existing IP
12. Warranties and Representations: Contains promises and assurances made by both parties
13. Indemnification: Outlines mutual or unilateral indemnification obligations
14. Insurance: Specifies required insurance coverage the contractor must maintain
15. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendments
1. Performance Standards: Used when specific quality metrics or performance standards need to be met
2. Equipment and Resources: Include when specifying who provides necessary tools and resources
3. Non-Solicitation: Add when protecting against solicitation of employees or clients is crucial
4. Health and Safety: Include for contractors working on-site or in high-risk environments
5. Data Protection: Add when the contractor will handle personal or sensitive data
6. Dispute Resolution: Include when specific dispute resolution procedures are desired
7. Force Majeure: Add when needing to address unforeseen circumstances affecting performance
1. Schedule 1 - Services Description: Detailed description of services to be provided, including specific deliverables and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Key Performance Indicators: Specific metrics and standards for evaluating contractor performance
4. Schedule 4 - Approved Subcontractors: List of pre-approved subcontractors if applicable
5. Appendix A - Confidential Information: Detailed list of what constitutes confidential information
6. Appendix B - Territory Restrictions: Geographic scope of non-compete restrictions
7. Appendix C - Company Policies: Relevant company policies the contractor must comply with
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