If I bring my own freelancer, are we still subject to the opt out fee?

[de5ef5aa]

I would like to bring my own freelancer in order to pay him for services through the Upwork platform [he's transitioning from an employee role to a contractor role]. However, I don't know if I will do that if we incur the non-solicitation clauses and opt-out fees included in the Upwork agreement. Is there a way to waive these when a client uses the BYO-Freelancer?

[r2streu]

I THINK this statement in 7.1 under non-circumvention applies:

"For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another party through the Site, such as if you and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply."