Translate Non Compete Agreement

If translation is such a specialized professional service, where the stakes are so high for the end client, why do so many translators work without the protection of a solid contract? One possible explanation, based on the responses of the group I interviewed, is that many translators refuse to enter into binding agreements containing “problematic clauses”. Non-competition/prohibition of debauchery/non-negotiation: these clauses are often found in agency contracts. Non-compete clauses are legal in most, but not all U.S. states. (They are also illegal in many countries.) Translation contracts are essentially clauses aimed at preventing translators from competing with their agency client. On the other hand, the prohibitions on debauchery prevent translators from addressing the Agency`s clients or potential clients. The problem with this clause is obviously the difficulty of knowing who the “potential customers” of the agency are. Meanwhile, non-commercial clauses are much more restrictive than non-competition clauses and prohibitions on debauchery and are intended to deter translators from trading with clients or potential clients, even if the client is addressing the translator and not the other way around. The three clauses can only be applied in jurisdictions where they are legal and, if they are applicable for a specified period, normally up to one year, although some contracts provide for up to three contracts. A widespread misunderstanding about freedom of contract is that when it comes to agreements between consenting parties, almost everything is at stake. Although freedom of contract limits the state or other forms of interference or control over freely and mutually convened agreements, 1 contracts are still limited by law. Therefore, if the performance, motivation or purpose of a contract is contrary to law, the contract itself is illegal.2 Paula Arturo is a lawyer, translator and former law professor. .

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