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Non-Compete Arrangements



 
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Old September 5th, 2008 Sep 5, 2008 10:47:13 AM -   #1 (permalink)
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Default Non-Compete Arrangements

I outsource all of my printing and I am considering looking at some of the local shops for some projects. My concern is how to structure a basic agreement that they will not go after my clients, use my work as examples, or otherwise tip the public off to the arrangement. We are building a pretty good client base with local sports teams and small businesses but I still do not want to get into printing in-house. The national print shops I use are killing me on shipping and production time. I think a local shop could help, but I am worried about the arrangement. Any help or example wording for the non-compete clause would be helpful.
 
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Old September 5th, 2008 Sep 5, 2008 4:49:48 PM -   #2 (permalink)
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Default Re: Non-Compete Arrangements

I'm attaching a copy of a non-circumvent/non-disclosure agreement. Not sure that's exactly what you want, but you can use some of the verbiage.
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File Type: doc NCND.doc (29.0 KB, 29 views)
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Old September 6th, 2008 Sep 6, 2008 12:36:32 AM -   #3 (permalink)
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Default Re: Non-Compete Arrangements

Todd, you might find contracts and examples on the internet (no offense Meg) but they might not truly apply to your situation or the laws in your state. Best to see a lawyer who specializes in business law or contracts and they can draw something up for you. Probably shouldn't be too expensive, a few hundred bucks.
 
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Old September 6th, 2008 Sep 6, 2008 8:09:56 AM -   #4 (permalink)
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Default Re: Non-Compete Arrangements

I would never sub contract to a direct competitor in my local area. Your committing Business suicide.
 
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Old September 8th, 2008 Sep 8, 2008 2:09:21 PM -   #5 (permalink)
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Default Re: Non-Compete Arrangements

Stix - I hate the idea, but it seems like a necessary evil sometimes. I have a seperate post on the forums looking for another solutions but I need to find somebody within a day or two ship. These 5 and 6 day ships from the west coast are killing me. Also, these large wholesale printers are horrible with customer service. I need a place I can walk into or pick up the phone and know that my order is on-time!
 
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Old September 8th, 2008 Sep 8, 2008 2:33:01 PM -   #6 (permalink)
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Default Re: Non-Compete Arrangements

Hate to say this, but if you need to have your printer sign that type of document, then you are working with the wrong printer
This business is based on trust- If you do not trust on your printer going after your customers directly, then how can you trust them with your jobs?
I have close to 600 customers - not one of them asked me to sign anything - Yes, I would sign it without a doubt but that would be very odd...
 
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Old September 8th, 2008 Sep 8, 2008 3:13:30 PM -   #7 (permalink)
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Default Re: Non-Compete Arrangements

Are your customers located in the same area where your production is located? It's easy to sign a non-compete and/or do not compete clause as part of the contract. But really if you get right down to it, you keep him busy with work and you are fulfilling your clients orders, why would he/she 'cut their own throat' and try and eliminate you. You will have to make sure you focus on customer service and if a customer has a question it must be your company that takes the call. Just my two cents.
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