As a business owner, you may need to hire an independent contractor (or employee). It goes without saying that you should use an independent contractor agreement every time. Two key provisions often found in these agreements are non-competition and non-solicitation clauses. But, in most states, these provisions are traps for the unknowing. They must be carefully drafted and include the right language in order to be enforceable. Otherwise, you just might find yourself holding a worthless piece of paper and clients walking out the door with your former independent contractors.
So what is important to know about these clauses, which are known as "restrictive covenants"? First, is the restrictive covenant geographically limited? Courts generally consider these types of restrictive covenants to be restraints on trade (i.e. limitations on someone's right to earn a living) and therefore, to be valid, they need to be narrowly tailored. So, if your business is solely in Elgin, IL, your non-competition clause should not try to prevent your independent contractor from competing with you over in Springfield, IL. The distance between Elgin and Springfield is too wide for a clause like that to be enforceable. It is not likely that a contractor working for you in Elgin, is a real threat to you way down in Springfield.
Generally speaking, a 50 mile radius should be the outer limit. So, for the Elgin company, the owner should not try to prevent a contractor from competing with her beyond 50 miles in any direction. Based on this discussion, it goes without saying that an attempt to prevent an independent contractor from competing anywhere in the United States would be tossed out quickly by a judge.

Second, is the restrictive covenant limited in time? For example, you cannot stop your independent contractor from competing with you forever, or some other equally unreasonable period of time. Remember that restraint of trade is against public policy—people are entitled to earn a living in their chosen field, so make sure your non-competition clause has a reasonable time limit. What's reasonable? Well, it depends. It depends on the industry, the nature of the business, the nature of the harm that the business owner would suffer, etc. But, think carefully if you are inclined to try to prevent someone from competing with you for more than 1 year.
Third, is the restrictive covenant limited in scope? You cannot prevent your former independent contractor from competing with you in unrelated areas. So, for example, if you a marketing consultant, and you hire an employee or independent contractor to assist you, a non-compete clause that prevents them from competing with you "in the provision of marketing consulting services" is probably too broad. "Marketing services" is a pretty large field. What if you specialize in writing new product launch marketing plans and your former employee wants to provide marketing services to nonprofits regarding sponsorship deals with companies in the health and beauty industry? Is that really competition to you? You cannot lock down an entire industry that is that broad. You have a much better chance of your contract being enforced if the scope of services you are seeking to protect is narrowly tailored to fit just what you need; not every possibility known to man.
The issues are similar when dealing with a non-solicitation clause that prevents a former employee or contractor from soliciting your clients when they leave your company. The usual exception is that there doesn't have to be geographical limitation. However, there should be a time limitation and a limitation on which clients are off limits. In other words, every client probably can't be protected. However, every client that the former employee met or worked with probably can be protected.
These types of restrictive covenants are important provisions to a business owner. It is well worth your time and money to retain an experienced business law attorney to draft these provisions. You don't want to find yourself with former contractors or employees competing with you and soliciting your clients to leave...and there's nothing you can do to prevent it.

If you're planning to start a business, you need customers. And the key to getting customers is to make sure that they know you exist. So, how do you market your business beyond the obvious social media, BOGO (Buy One Get One) offers, and networking groups (which actually, I don't think are a good way to market your business...but that's another story for another day)?
Here are three perhaps non-obvious, but effective (emphasis on effective) ways to market your business. There are probably dozens more but we'll start with just three.
Become a Thought Leader in Your Field. Submit articles for publication, start your own blog, be a guest blogger for someone else's blog, volunteer to speak at industry-related events, create your own event/workshop/meeting where you are the key presenter, etc. In other words, if you want to be seen as an expert, then act like an expert! Thought leaders tend to be "top of mind" when it comes to your potential customers making buying decisions.
Make Your Website Useful. I'm always surprised by the number of websites I visit that don't ask me to do anything. Nothing. These websites are full of useful (sometimes) information, but if I'm not in the buying mood that day, and click off the website, I may never come back. But, if you provide me something useful in exchange for my email, then even if I don't buy today, you can continue to market to me because you've got my email address. If I give you my email address, then I'm at least interested in what you're selling. And when I receive a periodic email from you reminding me that you have what I'm looking for (but don't be obnoxious), then I'm more likely to buy from you when I'm ready.
In addition to asking for my email address, you should try to keep me on your site as long as possible because the longer I'm there, the more likely I am to buy. So, ask me to something (BUY NOW, CLICK HERE, CALL NOW, etc). Don't just let me walk away.
Get Engaged in the Community. In other words, volunteer your services. First, you expand your network. Additionally, you have the opportunity to showcase your products and services. There's ALWAYS an opportunity to donate product or services to nonprofit organizations. And when you're generous with your time and talents, people notice. Once again, you will often be "top of mind" to that volunteer network when they (or someone they know) is need of what you're selling. You can actually do good (for your community) and do well (for your business' profitability) at the same time.
These aren't the "End All Be All" non-obvious marketing ideas. They are just three possibilities to add to your quiver. What other non-obvious marketing ideas can you share with others? Let me know.