Should I push back on a broad non-compete in a freelancer contract?
#1
I just had a potential client ask me to sign a contract that includes a pretty broad non-compete clause. It would prevent me from working with anyone in the same industry in the entire state for a full year after our project ends. I’m just starting out as a freelancer and this seems like it could really limit my future work, but I’m not sure if this is a standard thing I should just accept or if it’s something I need to push back on.
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#2
That sounds aggressive for a newcomer. In my experience, some clients try broad restrictions, but enforceability really varies by state and by how tight the scope is. A year across the entire state is huge and could lock you out of plenty of work you don’t even touch yet. I’d push back and suggest narrowing the geography to where you actually work, or tying it to a specific set of direct competitors and adding carve-outs for any clients you already have. If they won’t budge, consider swapping in a non-solicitation clause and leaving more freedom to take other gigs.
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#3
I’m not a lawyer, but reading it gave me a queasy feeling. I tried mapping my usual client flow and where I could actually work after the project ends, then asked them to clarify what happens if I pick up a similar project outside their immediate circle. The reply was vague and didn’t reassure me about enforceability here. It makes me want to pause and talk to someone who handles contracts, even if it’s just a quick consult.
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#4
Maybe the problem isn’t the clause at all but what it signals about the relationship. If they want to lock you out of the market for a year, that could reflect a risk-averse mindset or a fear of competition, not just a contract detail. I toyed with proposing a retainer or milestone approach so you’re not tied to a single outcome, but I didn’t settle on anything.
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#5
I actually did something concrete: I asked for a carve-out for any clients I already had and requested a shorter window or narrower geography, plus a sunset on the restriction. I also started listing potential gigs I’d lose under the current language and counted how many were in the same state and service area. It wasn’t a clean win, but it gave me a concrete talking point and a sense of what needed shifting.
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