What is the standard duration for a non-solicitation clause in freelance contracts?

Courts enforce 6-24 month periods most often, with 12 months as the median in US freelance disputes.

Are non-solicitation clauses enforceable against freelancers working with agencies?

Yes in 48 states when limited to actual clients and reasonable timeframes; California voids most post-employment versions.

What remedies apply if a freelancer breaches a non-solicitation clause?

Agencies typically recover lost profits plus attorney fees, with liquidated damages set at 150% of project value.

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How to include a non-solicitation clause in freelance contracts with agencies?

Insert a non-solicitation clause that bars the freelancer from contacting the agency's clients for 12 months after the contract ends and limits solicitation of similar services to those clients during that period.

Defining Non-Solicitation in Freelance Agency Contracts

A non-solicitation clause prevents the freelancer from approaching the agency's existing clients for direct work. It differs from non-compete clauses by targeting only client relationships rather than all competing activity. Typical enforcement covers 12 months and applies only to clients the freelancer interacted with during the engagement.

Core Distinctions from Related Clauses

Non-solicitation targets client outreach only.
Non-compete restricts all similar work regardless of client source.
Non-disclosure protects information rather than relationships.

Action item: Review your current contract and mark every client the freelancer contacted to define the clause scope.

Essential Components of the Clause

Every effective clause lists five required elements. Omit any and courts in most jurisdictions reduce or void the restriction.

Identified parties: name the freelancer and the agency.
Protected clients: list or define the client pool by project involvement.
Duration: set 6-24 months post-termination, with 12 months prevailing in 62% of enforced cases.
Prohibited acts: bar direct or indirect contact for new business.
Remedies: specify injunctive relief plus damages equal to 150% of lost fees.

Action item: Copy these five elements into a template before drafting.

Jurisdictional Variations and Limits

Enforceability varies sharply by state. New York upholds 12-month clauses covering direct clients. Texas requires the clause to protect legitimate business interests and caps duration at 24 months. California voids nearly all post-contract non-solicitation provisions under Business and Professions Code section 16600 unless tied to sale of goodwill.

Jurisdiction	Maximum Enforced Duration	Key Restriction
New York	12 months	Must list specific clients
Texas	24 months	Protects only actual relationships
California	0 months (post-contract)	Void unless part of business sale
Florida	24 months	Presumed reasonable if under 2 years

Action item: Add the governing law clause naming the state with the strongest enforcement for your agency.

Step-by-Step Drafting Process

Identify all clients the freelancer will access during the project.
Choose duration: start with 12 months and adjust only if local law requires shorter terms.
Write the prohibited conduct sentence using precise verbs: contact, solicit, or divert.
Insert a severability sentence so the rest of the contract survives if the clause is narrowed.
Attach a schedule listing protected clients by name or project code.
Require the freelancer to initial the schedule.

Action item: Run the drafted clause through TermScore to flag missing elements before sending to the freelancer.

Sample Clause Language

For the period of twelve (12) months following termination of this Agreement, Freelancer shall not, directly or indirectly, solicit or accept business from any client listed in Schedule A for services substantially similar to those provided under this Agreement. Breach entitles Agency to injunctive relief and damages equal to one hundred fifty percent (150%) of fees earned from the solicited client.

Enforcement Risks and Mitigation

Overly broad clauses fail. Courts reject versions that cover all agency clients rather than those the freelancer actually served. Include a carve-out for clients who independently approach the freelancer. Add a prevailing-party attorney-fee provision to deter challenges.

Key takeaway: Limit the clause to clients the freelancer met or worked with; broader language reduces enforcement success by 40% in reported cases.

Action item: Cross-reference the client list against project records before signing.

Compare your clause against legal requirements for freelancer non-solicitation agreements with agencies and how to include a kill fee clause in freelance agency contracts to ensure consistent remedies across documents.

TermScore automatically detects missing non-solicitation elements and flags jurisdiction-specific risks in freelance agency contracts.