30/07/2026
NON-SOLICITATION AND ANTI-POACHING CLAUSE – DISCLAIMER
Hares Production
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1. Purpose and Legal Basis
This Clause is designed to protect the legitimate commercial interests and workforce stability of Hares Production (hereinafter referred to as “the Company”). It is premised on Section 28 of the Malaysian Contracts Act 1950 and relevant case law.
Malaysian courts have consistently affirmed that non‑solicitation clauses remain valid and enforceable after the termination of an employment relationship, provided they are express terms of the employment contract and are intended to protect the employer’s legitimate business interests.
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2. Prohibited Conduct
Clients (including, but not limited to, the Company’s business partners, collaborators, suppliers, and any third party with whom the Company has a commercial relationship) shall not engage in any of the following acts:
2.1 No Interference with the Company’s Personnel or Internal Arrangements.
Clients shall not, directly or indirectly:
· Solicit, lure, persuade, or encourage any current or former employee of the Company to leave the Company;
· Offer employment opportunities, hiring invitations, or any form of employment engagement to any employee of the Company;
· Interfere, in any manner, with the employment relationship between the Company and its employees.
Legal basis: In the case of Pearson Malaysian Sdn Bhd v Wong Mei Mei & 2 Ors, the Malaysian courts confirmed that where an employment contract expressly contains an anti‑poaching clause, former employees are prohibited from soliciting the employer’s current employees. As for clients, if their conduct amounts to improper solicitation of the Company’s employees, the Company reserves the right to pursue legal remedies.
2.2 No Speculation on or Interference with the Company’s Profit Margins and Business Arrangements
Clients shall not:
· Speculate on, comment upon, or interfere with the Company’s profit margins, pricing strategies, business models, or any business arrangements;
· Use any information obtained from the Company’s employees to unduly influence the Company’s business decisions;
· In any manner disrupt or undermine the existing business relationships between the Company and its clients, suppliers, or other business partners.
All of the Company’s business arrangements, profit structures, and operational decisions constitute proprietary business information of the Company, and clients have no right to query or interfere with them.
2.3 No Private Contact with the Company’s Employees
Clients shall not, without the Company’s prior written consent:
· Privately, directly, or indirectly contact any employee of the Company (whether in person, by telephone, email, social media, or any other means);
· Actively approach the Company’s employees regarding any matter unrelated to the specific project or tasks that may affect the Company’s interests;
· Exploit personal relationships with the Company’s employees to obtain confidential information or business intelligence of the Company.
All business communications with the Company shall be conducted through the Company’s designated representatives or authorised personnel.
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3. Consequences of Breach
If a client violates any provision of this Clause:
1. The Company reserves the right to immediately terminate all commercial cooperation with the client without further notice;
2. The Company shall be entitled to claim all losses, damages, and expenses (including but not limited to legal fees and litigation costs) arising from the client’s breach;
3. The Company shall be entitled to seek an injunction from the Malaysian courts to restrain the client from continuing the breach;
4. The Company reserves the right to take all necessary legal actions under Malaysian law, including but not limited to instituting actions for breach of contract or tortious claims.
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4. Scope and Duration
· This Clause shall take effect from the date the client establishes a commercial relationship with the Company;
· This Clause shall continue in full force and effect after the termination of the commercial relationship between the client and the Company, until the Company notifies otherwise in writing;
· This Clause shall apply to the client’s directors, officers, employees, agents, and any person acting on behalf of the client.
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5. Acknowledgment of Compliance
The client acknowledges that it has read, understood, and agrees to comply with all provisions of this Disclaimer and the Non‑Solicitation and Anti‑Poaching Clause.
The client further acknowledges that its obligations under this Clause are separate and additional and shall not be discharged or affected by any change or termination of any other agreement or arrangement between the Company and the client.
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This Disclaimer is governed by the laws of Malaysia. If any provision of this Disclaimer is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
