What type of agreement should I use?

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What type of agreement should I use?

We are a small business that provides professional services, however we get constant requests from our customers for a service we do not offer. We are not interested in offering this service but would like to refer our customers to another small business that we have been in contact with. This other small business is a competitor in our industry and not only offer this service that we do not but also the same services we do. What type of agreement should we use to be able to pass these leads off to the other company while protecting our customers from being taken?

Asked on May 30, 2018 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An agreement stating that they cannot provide any other services other than the one(s) that you referred the customer to them for, either indefinitely or for some defined period of time (e.g. one year? two? five?) will do what you want: that won't prevent the customer (who is not a signatory to or subject to the agreement) from leaving you, but it means THIS competitor cannot provide them any services other than the ones which lead to the referral. Then keep good documention of the referral--i.e. let the other company know *exactly* who may call them for what, based on your referral, and send that communciation some way or ways you can prove delivery. The document does not have to be elaborate: while it would be better to let a lawyer draft if for you, you could draft it yourselves at need: just clearly state the parameters, and get the other company's signature *before* you refer.


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