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Employment Non Compete Agreement template
Employment Non Compete Agreement sample


What is Employment Non Compete Agreement?

Employment Non Compete Agreement An Employment Non-Compete Agreement restricts employees from competing with their employer during or after employment, specifying non-compete terms and duration.



Sample template:



Employment Non-Compete Agreement


This Employment Non-Compete Agreement (the "Agreement") is entered into as of _____ (the "Effective Date"), by and between Jessica M Turner ("Employee") and TechSolutions Inc. (the "Company"), a corporation organized and existing under the laws of the United States of America.

1. Purpose

This Agreement is intended to protect the Company’s legitimate business interests, including its confidential information and trade secrets, and goodwill by restricting the Employee's ability to compete with the Company during and after the termination of the Employee’s employment with the Company.



2. Non-Compete

2.1. Restriction on Competition


During the Employee's employment with the Company and for a period of _____ months/years after the termination of such employment for any reason, whether voluntary or involuntary, the Employee shall not directly or indirectly:


(a) Engage in any business or enterprise, whether as an employee, consultant, agent, advisor, partner, or otherwise, that competes with the Company’s products or services, within the Restricted Territory (as defined below);


(b) Solicit the business of any customer, client, or account of the Company within the Restricted Territory;


(c) Attempt to persuade any employee, contractor, consultant or agent of the Company to discontinue their relationship with the Company; or


(d) Assist or encourage any competitor of the Company in any of the above-mentioned activities.



2.2. Restricted Territory


For the purposes of this Agreement, the "Restricted Territory" shall encompass the geographical area within a radius of _____ miles/kilometers from any location where the Company conducts business during the Employee’s employment with the Company.



3. Non-Disclosure of Confidential Information

The Employee hereby acknowledges that during their employment with the Company, they may be exposed to or entrusted with confidential information of the Company, including but not limited to trade secrets, customer lists, business strategies, and other proprietary information. The Employee agrees that, during the term of their employment and at all times thereafter, they shall not, except as required to perform their obligations under this Agreement or as required by applicable law, disclose to any person, or use for their benefit or the benefit of any competitor or other person or entity, any confidential information of the Company, whether in oral, written, electronic or other form.



4. Remedies

In the event of a breach or threatened breach by the Employee of the terms of this Agreement, the Employee acknowledges that the Company shall suffer irreparable harm and shall be entitled to seek injunctive relief in addition to other remedies available at law or in equity, including the recovery of damages, without having to post a bond or other security. The existence of any claim or cause of action that the Employee may have against the Company shall not constitute a defense or bar to the enforcement of this Agreement.



5. Severability

In the event that any provision of this Agreement is declared invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall remain in full force and effect as if the invalid, illegal or unenforceable provision had never been a part of this Agreement. The Parties agree to negotiate in good faith, and to enter into, a valid, legal and enforceable substitute provision that reflects the Parties’ original intent as closely as possible.



6. Governing Law

This Agreement shall be governed by, construed and interpreted in accordance with the laws of the United States, without giving effect to conflicts of laws principles thereof. Any action to enforce, interpret or otherwise concerning this Agreement shall be brought exclusively in the courts of the United States and the Parties hereby submit to the jurisdiction and venue of such courts.



7. Amendment

This Agreement may be amended or modified only by a written instrument executed by both Parties hereto or their respective successors or assigns.



8. Entire Agreement

This Agreement, together with any exhibits, schedules and other attachments hereto, supersedes all prior negotiations, understandings, and agreements, written or oral, between the Parties with respect to the subject matter hereof and constitutes the entire agreement between the Parties pertaining to such subject matter.



IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first above written.

Jessica M Turner
________________________
(Employee)

TechSolutions Inc.
________________________
[Authorized Signatory]

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Sections of an Employment Non-Compete Agreement


In this Employment Non-Compete Agreement, you will see the following sections:

  1. Purpose
  2. Non-Compete
  3. Non-Disclosure of Confidential Information
  4. Remedies
  5. Severability
  6. Governing Law
  7. Amendment
  8. Entire Agreement


Going in-depth - Analysis of each section:

  1. Purpose : This section explains the reason for the agreement, which is to protect the company's confidential information, trade secrets, and goodwill by restricting the employee's ability to compete with the company during and after their employment.

  2. Non-Compete : This section outlines the restrictions placed on the employee during and after their employment with the company. It includes restrictions on engaging in competing businesses, soliciting customers, persuading other employees to leave the company, and assisting competitors. It also defines the "Restricted Territory" as the geographical area within a certain radius from any location where the company conducts business.

  3. Non-Disclosure of Confidential Information : This section requires the employee to keep the company's confidential information secret and not use it for their benefit or the benefit of others. This obligation applies during their employment and after it ends.

  4. Remedies : This section states that if the employee breaches the agreement, the company can seek legal remedies, including injunctive relief (a court order to stop the breach) and monetary damages. The company does not need to post a bond or other security to seek these remedies.

  5. Severability : This section explains that if any part of the agreement is found to be invalid or unenforceable by a court, the rest of the agreement will still be in effect. The parties agree to negotiate a replacement provision that reflects their original intent as closely as possible.

  6. Governing Law : This section states that the agreement will be governed by the laws of the United States, and any disputes will be resolved in U.S. courts.

  7. Amendment : This section explains that the agreement can only be changed by a written document signed by both parties or their successors or assigns.

  8. Entire Agreement : This section states that the agreement, along with any attachments, is the complete and final agreement between the parties on this subject. It replaces any previous negotiations, understandings, or agreements, whether written or oral.

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