Non-solicitation vs non-compete — they’re not the same
These two restrictions get lumped together but do very different things. A non-solicitation clause limits who you can approach — typically the client’s customers or employees — so you cannot poach the relationships you gained access to through the work. A non-compete is broader: it restricts you from doing certain kinds of work at all, often for competitors of the client, for a period of time. A non-solicit narrows who you can pursue; a non-compete can narrow whether you can keep working in your field. Knowing which one you are looking at is the first step, because they carry very different weight.
Watch for: A clause labeled "non-solicitation" that actually reads like a non-compete, or the two bundled into one dense paragraph so a broad work restriction rides along with a narrow anti-poaching term.
Ask for: The restriction spelled out clearly as one or the other, so you know whether you are agreeing not to poach specific relationships or not to do a category of work.
Duration and geographic scope
A restriction that lasts too long or reaches too far can quietly follow you well past the engagement. Two dimensions matter: how long it lasts after the work ends, and — for a non-compete especially — where it applies. A time-limited restriction tied to the period right after the project is easier to live with than an open-ended one. A geographic scope that matches where the client actually operates is more reasonable than one that reaches everywhere regardless of where either of you does business.
Watch for: Long or open-ended durations with no clear end date, and geographic scope described as "worldwide" or with no limit at all, untethered from where the client actually competes.
Ask for: A defined, limited duration after the engagement ends and, for any non-compete, a geographic scope tied to where the client genuinely operates — rather than a blanket restriction with no boundaries.
How broad is the restriction — your clients, or the whole industry?
This is often the difference between a clause you can accept and one you cannot. A narrow non-solicit covers only the specific clients or contacts you actually worked with through the engagement — which is a reasonable ask. A broad one reaches the client’s entire customer base, or a broad non-compete bars you from the client’s whole industry, sweeping in work and relationships you brought with you or would have found anyway. As a freelancer, a restriction that covers your entire field can effectively limit your ability to earn a living.
Watch for: Restrictions covering all of the client’s customers rather than just the ones you worked with, and non-compete language reaching an entire industry or "any competing business" rather than a defined, narrow set.
Ask for: A restriction limited to the specific clients, contacts, or projects you actually worked on, so it protects the client’s real relationships without cutting off your broader ability to work.
Enforceability — proceed with real caution
Whether a non-solicit or non-compete can actually be enforced varies significantly from place to place, and the law in this area has been changing. Some jurisdictions treat these restrictions skeptically, others more permissively, and the rules that apply can depend on how the restriction is written, how broad it is, and where you and the client are located. A clause being in your contract does not by itself tell you whether it would hold up — and the reverse is also true. Because the stakes and the legal landscape are both significant here, this is an area where getting advice specific to your situation is especially worthwhile, rather than relying on general rules of thumb.
Watch for: Very broad restrictions presented as routine, and any assumption — yours or the client’s — that a clause is either automatically enforceable or automatically void without looking at the specifics.
Ask for: The narrowest, most reasonable version you can negotiate, and — for a restriction that could genuinely affect your livelihood — a qualified attorney’s read on how it is likely to be treated where you are.
Is there a non-compete hiding in your contract?
Upload your agreement and Initialed flags non-solicit and non-compete language, shows how broad it is in time, geography, and scope, and points to a narrower version to ask for — in about two minutes. Your first credit is free.
Review your contract freeFrequently asked
What’s the difference between a non-solicitation and a non-compete clause?
A non-solicitation clause limits who you can approach — usually the client’s customers or staff — so you cannot poach relationships you gained through the work. A non-compete is broader, restricting you from doing certain kinds of work, often for competitors, for a period of time. A non-solicit narrows who you can pursue; a non-compete can narrow whether you can keep working in your field at all.
Are non-competes enforceable against freelancers?
It varies significantly by jurisdiction, and the law in this area has been shifting, so there is no universal answer. Enforceability can turn on how the restriction is written, how broad it is in time and scope, and where you and the client are located. The fact that a non-compete is in your contract does not settle whether it would hold up. For a restriction that could affect your livelihood, it is worth getting advice specific to your situation.
What’s a reasonable duration and scope for these clauses?
There is no fixed figure, and what is considered reasonable depends on your jurisdiction and the nature of the work. As a general principle, narrower is safer for you: a shorter time period, a geographic scope tied to where the client actually operates, and a restriction limited to the specific clients or contacts you worked with rather than an entire customer base or industry. Aim to negotiate toward the narrowest version you can.
Keep reading
All guides →Repairs, auto-renewal, uncapped rent, personal guaranties, and early-termination traps — what to watch for before you sign a lease.
The five clauses that decide whether a freelancer gets paid — scope, payment, IP, termination, and liability.
Comp and clawbacks, equity and vesting, IP assignment, non-competes, and arbitration — what to check before you accept a job offer.
Duration, geography, scope, and enforceability — how to read a non-compete before you sign (and why it varies so much by state).
Property, support, custody, and retirement — the terms in a divorce settlement that most often come back to bite.
The clauses that quietly decide what happens to a home, a business, or a career years from now — in plain English.
This guide is general information, not legal advice, and Initialed AI is not a law firm. The enforceability of non-solicitation and non-compete clauses varies significantly by jurisdiction and continues to change. For any restriction that could affect your ability to work, consult a qualified attorney about your specific situation before you sign.