My question involves independent contractors in the state of: Pennsylvania
The first sentence of the agreement reads:
In the above snippet, yes there is no address or anything for me, it's just [My Name] of ("Contractor"). Does that make the agreement not valid from the get-go?This Independent Contractor Agreement (ďAgreementĒ) is entered into [DATE], by and between [X, Inc] of [X Address] ("Company"), and [My Name] of ("Contractor")
Also, I understand I'm not signing an agreement under duress or anything like that, but are indefinite non-compete/non-solicitation clauses enforceable? I believe(?) the "Term" is indefinite in the following text? It looks like the third quote is me agreeing that it won't prevent me from earning a living. But I'm mainly asking from the aspect of it reads as though it's saying (and I'd be agreeing to) I can never work in the specific industry for an indefinite period of time after the independent contractor agreement is signed?
Contractor agrees that during its duties with Company and indefinitely after its termination by either party ("Term"), Contractor shall not, whether directly or indirectly, solicit, communicate with or otherwise contact any of Company's customers for the purpose of conducting any business with them which is substantially similar to the business conducted by Company.Contractor agrees that it shall not, whether directly or indirectly, employ, solicit for duties, retain, solicit for retention, or advise or recommend to any other individual or entity that they hire, employ, retain, or solicit for duties or retention any person employed by Company or any person retained by Company as an independent contractor during the Term.Contractor warrants that the above restrictions will not prevent Contractor from earning a living, and that they are necessary to protect the trade secrets of Company, as Contractor's solicitation would necessarily involve Contractor's use of Company's trade secrets.The whole agreement is pretty one-sided, so I'm not even sure if I'd want to sign my life away if it is indeed valid, but I'm trying to see if it's just paper for the toilet if I do sign or not.Contractor further agrees that due to the nature of Company's business, any conduct in which Contractor engages that is in contravention of the terms of Paragraphs 5 and 6 above would actually be in direct conflict with the essential enterprise-related interests of Company. Contractor further agrees that any breach of the terms of Paragraphs 5 and 6 of this Duties Agreement by Contractor would actually constitute and result in material and substantial disruption of Company's operation.