Free Non-Solicitation Agreement Template for Marketing Agencies
A Non-Solicitation Agreement prevents a departing person from poaching the company's employees, contractors, or customers. These are generally more enforceable than full non-competes because they're narrower. This version is tailored for marketing agencies — covering the specific clauses and considerations that matter most in the industry.
Non-Solicitation Agreement — Template Preview
For Marketing AgenciesNon-Solicitation Agreement
For use in Marketing Agencies
1. Background
In connection with [EMPLOYEE / CONTRACTOR / SELLER]'s relationship with [COMPANY] in the marketing agencies industry, and in exchange for [consideration: employment, equity, sale proceeds, etc.], the parties agree to the restrictions below.
2. Restricted Activity
For a period of [MONTHS] months following the end of the relationship, [PARTY] will not, directly or indirectly, engage in any business that directly competes with Company within [GEOGRAPHIC SCOPE].
3. Reasonable Scope
The parties agree that the duration, geographic scope and activity restrictions are reasonable and necessary to protect Company's legitimate business interests, including trade secrets, customer relationships and goodwill.
4. Carve-Outs
Nothing in this Agreement prevents [PARTY] from: (a) owning less than 1% of a publicly traded company, (b) accepting a passive investment role, or (c) working in roles or geographies expressly carved out below.
5. Severability & Reformation
If any court finds any part of this Agreement unenforceable as written, the court may modify the duration, geographic scope or restricted activities to the minimum extent necessary to make it enforceable, and the remainder will continue in full force.
6. State-Specific Notice
This Agreement is governed by [STATE] law. Non-compete agreements are unenforceable in California, North Dakota, Oklahoma and Minnesota (effective 2023); residents of those states should disregard the non-compete clause but remain bound by the confidentiality and non-solicitation provisions.
Industry-specific considerations for marketing agencies
Beyond the standard non-solicitation agreement clauses, here are the specific items marketing agencies typically need to address before signing:
- Retainer vs project pricing
- Performance metrics and reporting cadence
- Right to terminate on notice
- Client approval on creative deliverables
Typical pricing in marketing agencies
Retainer $2K–$25K/month or project-based.
How to use this template — 3 steps
Customize
Use our eSign tool to drop in your real names, dates, scope and fees. The template handles the legal scaffolding; you fill in the specifics for your marketing agencies engagement.
Add signature fields
Drag-drop signature, date, initials, and text fields onto the document. Assign each field to the correct signer (yourself, the client, or both).
Send for signature
Enter the other party's name and email, hit Send. They receive a signing link via email — no account required. You get notified the second they sign.
Customization tips before you send
- • Replace every [BRACKETED] placeholder with real values — names, dates, dollar amounts, percentages.
- • Set the governing law to your state — usually where you live or do business.
- • Confirm the 12–24 months term length matches your project.
- • If this is a high-stakes contract (over ~$50K, or anything involving significant ongoing liability), have a licensed attorney in your state spend 30 minutes on a review.
FAQ — Non-Solicitation Agreement for Marketing Agencies
Do marketing agencies really need a Non-Solicitation Agreement?+
Yes — and especially in marketing agencies, where intellectual property gets created on every job. A signed non-solicitation agreement protects both sides if something goes wrong — and most disputes can be solved by simply pointing at the signed contract.
What's different about a Non-Solicitation Agreement for marketing agencies?+
Compared to a generic non-solicitation agreement, the marketing agencies version typically adds clauses around: Retainer vs project pricing; Performance metrics and reporting cadence; Right to terminate on notice.
Is this Non-Solicitation Agreement legally binding once signed?+
Yes. Under the federal ESIGN Act and state UETA laws, an electronic signature is just as legally binding as a wet-ink signature for almost all commercial contracts. Our eSign tool produces a SHA-256 audit trail proving who signed, when, and from where — so the contract is defensible in court.
Can I edit this template?+
Yes — and you should. The template covers the typical scope, but every marketing agencies engagement has unique details (rates, scope, deadlines). Use our eSign tool to drop in your actual project details before sending the contract for signature.
How do I sign this online?+
Click "Edit & sign online — free" below. Our eSign tool opens with a blank document; upload your customized contract PDF, drag-drop signature/date fields, and email it to the other party. They sign from any device — no account needed for signers.
Other contracts marketing agencies commonly need
Ready to sign?
Open the Non-Solicitation Agreement in our free eSign tool, customize it for your marketing agencies engagement, and send it for signature in under 2 minutes.
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