Employer / Freelancer written agreement

[byepolar]

I want to get an agreement signed by my freelancer that says the following:

Note* I'm not a lawyer or a web developer so hopefully someone can help me out.

* Non-disclosure
* Non-leak (intellectual property, ideas, etc.)
* Non-compete (he's not allowed to work for anyone doing the same kind of site, anyone including himself)
* Non-recycling of content / ideas generated between us on our project

Basically, he's not allowed to lend his services, skills, or consultancy in any way to anyone in the same market as I am; he's not allowed to compete himself; he's not allowed to leak any of my ideas, business strategies, or plans; he's not allowed to re-use or recycle content that we generate while working on the project (design, aesthetics, user interaction, anything unique to my site)

Note* He says he re-uses the code he creates for other sites. I assume he means code that all back-end and has nothing to do with my site's unique features, look, feel, or content.

Furthermore, and perhaps most importantly:

* He create an overview text file or ample enough tutorials to where a developer / designer of his skill level be able to take over the project in case he were to become sick, leave because of a dispute, or pass away.

Note* That way he does not hold all the power, which he could use to raise prices unfairly or hold the site's development hostage.

It should also include the following:

* That he be enthusiastic, friendly, and overtly helpful were other developers / designers be brought in to work on the site alongside him; that he bend over backwards to answer their questions and not be difficult.

Note* As you can see I'm not a lawyer =)

Finally:

* It should simply specify that he is an employee and I am his employer (is independent contractor better?)

Please help, advise, counsel. It's hard to move forward without a written, signed agreement.

[byepolar]

How do I go about getting this written up according to my specifications and is there anything I'm forgetting based on your collective experience?

[Sanenet]

Any decent company lawyer can whomp up the agreement for a *minimal* (What is minimal for lawyers?) cost, they usually just use templates they already have.

Depending upon your jurisdiction, you'll probably need to have it independently witnessed (at your lawyers for example), and if you're giving him a freelance contract for social security, annexed to that.

[bostonscott]

Be careful about how you word the contract. If you put too many constraints on the relationship (such as the designer must work only for you, do work as specific set times, etc), then by law he or she may be considered an employee as opposed to a freelancer, and you will be subject to employer laws (tax withholding, workers comp insurance, etc).

I'm not sure how this is in your state, but in Massachusetts they are very strict about this. If you contact your state employment division website you can probably get guidance on what you can and cannot do.

Scott