Is non-compete normal in a marketing services agreement?

A broad non-compete is not standard in a marketing services agreement and, for an independent contractor, may not be enforceable where you live. If present, narrow it to named competitors and a short post-term window, or strike it and rely on the confidentiality and non-solicit clauses instead.

What’s market-standard

For a freelancer, no non-compete at all, or at most a narrow one: named direct competitors only, limited to the engagement term plus a short tail (0-6 months), tied to specific confidential projects rather than an entire industry.

Warning signs

• Bar on working in the client's entire industry
• Duration of 1-3 years after termination
• No geographic or scope limit
• 'Competitor' defined by the client at its discretion
• No carve-out for work you were already doing before this client

Wording you can send

The Provider agrees not to provide substantially similar services to the specific named competitors listed in Exhibit C during the term and for 3 months after. This restriction does not apply to any client, project, or category the Provider served before the Effective Date, and does not restrict the Provider's general practice.

What it means for you

A restriction on working with other clients, often competitors of this client, during and after the engagement. For an independent contractor this can directly cut off your income and is unenforceable or restricted in a growing number of places.

Not legal advice. Gig Clause is software, not a law firm or a professional service, no attorney reviews, drafts, or is otherwise involved in anything it produces. It automatically highlights common contract issues and suggests negotiation language. Using it does not create an attorney-client relationship. For decisions with significant financial or legal consequences, consult a qualified attorney licensed in your jurisdiction. Clause standards vary by industry and location and change over time.