BGG,
Get your cojones out. The basic legal premise with any restraint is that it is uneforceable. It is then down to the restrainer to sue. It is then down to a judge to decide in the restraint is reasonable enough to be enforced. Ther judge is not empowered to amend it. So he can't say for example "well 6 months would be OK".
Further dameages are restricted to actual loss. In order for this to be non zero the retrainer must have some sort of protectable interest. It's highly debatable whether there is one given the circumstances.
So, take the contract, risk getting sued and see what happen. Sure they'll probably try and frighten you. At this point tell them to stuff off, or get your lawyer to tell them to stuff off. It's put up or shut up.
By all means take legal advice as to the risk of the clause being enforcable. It will cost you a couple of hundred.
Another issue is that they may have contract with the end client which they might try and enforce. If the end client are making you the offer you can be pretty sure that they have cleared it with thier lawyers.
Get your cojones out. The basic legal premise with any restraint is that it is uneforceable. It is then down to the restrainer to sue. It is then down to a judge to decide in the restraint is reasonable enough to be enforced. Ther judge is not empowered to amend it. So he can't say for example "well 6 months would be OK".
Further dameages are restricted to actual loss. In order for this to be non zero the retrainer must have some sort of protectable interest. It's highly debatable whether there is one given the circumstances.
So, take the contract, risk getting sued and see what happen. Sure they'll probably try and frighten you. At this point tell them to stuff off, or get your lawyer to tell them to stuff off. It's put up or shut up.
By all means take legal advice as to the risk of the clause being enforcable. It will cost you a couple of hundred.
Another issue is that they may have contract with the end client which they might try and enforce. If the end client are making you the offer you can be pretty sure that they have cleared it with thier lawyers.
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