Misc Contracts

NON-COMPETITION AGREEMENTS

When a business hires an employee in a field that involves trade secrets, confidential business information, or is highly competitive, it is routine for the company to require the employee to sign a non-competition agreement limiting the ability for the employee to work in a similar business enterprise for a certain period of time and within a specified geographical area.

Non-competition agreements are often used when a business is sold to insure that the seller doesn’t compete with the purchaser.

If not drafted properly, a non-competition agreement can be set aside by a reviewing court. As such, you should consider hiring a business or contract attorney to prepare and/or review the non-competition agreement.

NON-DISCLOSURE | CONFIDENTIALITY AGREEMENTS

A Confidentiality Agreement is an agreement in which one party (usually referred to as the "Recipient") agrees to maintain certain information that it receives from another party confidential. This type of agreement may be useful in a variety of circumstances.

INDEPENDENT CONTRACTOR AGREEMENTS

When you hire a worker, the worker can be an employee or an independent contractor. The label you place on the laborer (contractor, employee, agent…etc.) is not controlling. Click here to view a Texas Workforce Chart comparing employees and contractors.

Independent contractors can be individuals or entities. Our Dallas contract attorneys can prepare, negotiate or simply review your independent contractor agreement.

If you are a contractor or contract laborer, you may want to consider forming an entity to limit your liability.

EMPLOYMENT AGREEMENTS

"Contract labor" may be the most widely used misnomer in business today. The issue is really whether a given worker is an employee or an independent contractor. Although there is no bright line rule, Texas law creates a presumption of employment and places the burden for proving otherwise on the employer.

In basic terms, an employee is someone over whose work an employer exercises direction or control and for whom there is extensive wage reporting and tax responsibility. An independent contractor is self-employed, bears responsibility for his or her own taxes and expenses, and is not subject to an employer's direction and control. The distinction depends upon much more than what the parties call themselves.

LICENSE AGREEMENTS

A license is a contractual right that gives someone permission to do a certain activity or to use certain property owned by another. If you are thinking about granting or accepting a license, you should not do so without a written license agreement. In a typical license agreement, the licensor will retain ownership of the property being licensed and the licensee will have certain rights short of ownership in the licensed property. License agreements can be fairly straight forward, however, we highly recommended that you consult with a contract attorney before entering into a written license agreement as there are quite a few pit falls you can encounter (i.e. if drafted improperly you may create an illegal franchise). In addition to steering you clear of the various pit falls, a good contract attorney can help you negotiate the following terms typically found in written license agreements: license fees, exclusivity, length/term, prohibited uses, sublicense rights, warranties, licensor’s liability, contract termination and confidentiality.

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