Past Client - Opt Out

[Goalie33]

I've been in contact with a past client. After going through the finer details they've offered me the contract and told me that they've told the agency that I went through previously to contact me to get it all signed, etc. This is apparently because they've been told that they are not allowed to take me on either direct or through another agency as the agency has put a 6 months clause in - if that makes sense.

Anyway as I didn't get on with the agency (and the headache of constant payment chasing), I decided to do some research into this clause and stumbled across the Opt Out/In sticky. I've read through it and as far as I can tell, if I decided to Opt In, the clause is not enforceable(?). When I signed the contract I did not sign the Opt Out form and I finished the contract 14 weeks ago

The clause appears as follows:

RESTRICTIVE COVENANTS

The Contractor will not and will procure that the Nominated Individual will not, either
directly or indirectly during the Contract Term or thereafter for a period equivalent to
the Contract Term (up to a maximum of 6 months) engage in work of a similar nature
for the Client unless there is an agreement for such services between the Contractor
and the Company or unless the Contractor has paid the Company a covenant
release fee.

Am I right in saying that this clause isn't enforeable?

Thanks

[northernladuk]

Correct.

but be prepared for a bun fight cause the agent won't understand. Get a load of links together, particularly the ones from Mr Sinclair at Ergos and anything from REC if you can find it and then just send them that and let them pick through it. Attack is the best form of defence.

[Goalie33]

Correct.

but be prepared for a bun fight cause the agent won't understand. Get a load of links together, particularly the ones from Mr Sinclair at Ergos and anything from REC if you can find it and then just send them that and let them pick through it. Attack is the best form of defence.

Great. I'm waiting for the final sign off on the clients end, so I'm now waiting for the client or agency to contact me to move things forward. I will get the email ready and waiting to send over. Typically the client doesn't want to progress without anything from the agency saying ok to proceed which I know is going to be a pain, but I have 2 weeks so fingers crossed I can get this sorted!