If my company is under contract for database usage, is my independent contractor also bound under this contract?

Under the database contract, there is a non-compete clause. Does this then apply to my independent contractor who is operating as an agent for my company?

Asked on June 7, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, it does not apply to your independent contractor: a contract only binds the parties who sign it, and your independent contractor is not a party to it. He or she, as the term "independent contractor" implies, an indepedent party.

You can certainly require your independent contractor to sign an agreement obligating him or her to this non-compete--or to a general non-compete with your firm--if you like, as a condition of receiving additional work or contracts from you.

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