EMPLOYEE NON-COMPETE AGREEMENT
THIS AGREEMENT is made on [Date],
BETWEEN:
[Employer Name], a company incorporated and existing under the laws of [State/Country], with its principal place of business at [Employer Address] (the "Employer");
AND
[Employee Name], residing at [Employee Address] (the "Employee").
WHEREAS
- The Employer is engaged in the business of [Describe Business/Industry]; and
- The Employee is or will be employed by the Employer in the position of [Position/Title]; and
- The Employer wishes to protect its legitimate business interests, including confidential information, customer relationships, and goodwill;
- The Employee acknowledges that, as part of their employment, they will have access to such confidential and proprietary information.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. DEFINITIONS
1.1 "Competing Business" means any business that provides products or services substantially similar to or competitive with those offered by the Employer during the Employee's employment.
1.2 "Restricted Period" means the period beginning on the last day of the Employee’s employment with the Employer and continuing for [Number of Months/Years] thereafter.
1.3 "Restricted Territory" means [Geographic Area, e.g., city, state, region, country].
2. NON-COMPETE COVENANT
2.1 During the Restricted Period and within the Restricted Territory, the Employee shall not, directly or indirectly, for themselves or on behalf of any other person or entity:
- a) Engage in, own, manage, operate, control, or participate in the ownership, management, operation, or control of any Competing Business;
- b) Accept employment with or provide services to any Competing Business in a role substantially similar to that held with the Employer or where the Employee’s duties would involve the use of the Employer’s confidential information.
3. NON-SOLICITATION
3.1 During the Restricted Period, the Employee shall not, directly or indirectly:
- a) Solicit or attempt to solicit the business of any client or customer of the Employer with whom the Employee had material contact during the last [Number] months of employment;
- b) Induce or attempt to induce any employee, consultant, or contractor of the Employer to leave their employment or engagement with the Employer.
4. CONFIDENTIALITY
4.1 The Employee agrees to maintain the confidentiality of all proprietary and confidential information of the Employer and not to disclose or use such information except as required in the course of their employment.
5. CONSIDERATION
5.1 The Employee acknowledges that this Agreement is supported by adequate consideration, including but not limited to employment or continued employment with the Employer.
6. TERM & TERMINATION
6.1 This Agreement shall become effective as of [Effective Date] and shall remain in effect for the duration of the Restricted Period unless terminated earlier by mutual written agreement of the parties.
7. ENFORCEMENT
7.1 The Employee acknowledges that any breach of this Agreement may cause irreparable harm to the Employer, entitling the Employer to seek injunctive relief, in addition to any other remedies available at law or equity.
7.2 If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of this Agreement shall remain in full force and effect.
8. GOVERNING LAW
8.1 This Agreement shall be governed by and construed in accordance with the laws of [Governing Law State/Country], without regard to conflict of laws principles.
9. ENTIRE AGREEMENT
9.1 This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous understandings, agreements, or representations, whether written or oral.
10. AMENDMENTS AND WAIVERS
10.1 No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
11. NOTICES
11.1 Any notice required or permitted under this Agreement shall be in writing and delivered to the respective party at the address set forth above (or such other address as either party may notify in writing).
Disclaimer
This document is a template and may not be suitable for all situations. The parties should consult with legal counsel before signing this agreement.
SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Employee Non-Compete Agreement as of the date first written above.
Employer:
Name: [Employer Representative Name]
Title: [Employer Representative Title]
Signature: ___________________________
Date: [Date]
Employee:
Name: [Employee Name]
Signature: ___________________________
Date: [Date]
