NON-COMPETE AGREEMENT
THIS AGREEMENT is made as of [DATE], between [EMPLOYER/BUSINESS NAME] ("the Company") and [INDIVIDUAL NAME] ("the Recipient").
1. PURPOSE
In connection with [EMPLOYMENT / SALE OF BUSINESS / CONTRACTOR RELATIONSHIP], the Recipient will have access to confidential information and the Company's business relationships. This Agreement protects the Company's legitimate business interests.
2. DEFINITIONS
- "Confidential Information" means [REFERENCE TO NDA / describe: trade secrets, customer lists, pricing, strategies].
- "Competing Business" means any business that [DESCRIBE COMPETING ACTIVITY].
3. NON-COMPETE
During the term of the relationship and for [NUMBER] months after it ends, the Recipient shall not:
- Directly or indirectly engage in a Competing Business within [GEOGRAPHIC AREA / MARKET].
- Own, manage, operate, or control a Competing Business.
- Be employed by or provide services to a Competing Business in a [SIMILAR / ANY] capacity.
4. NON-SOLICITATION OF CUSTOMERS
For [NUMBER] months after the relationship ends, the Recipient shall not:
- Solicit, divert, or take away any customer or prospective customer of the Company.
- Encourage any customer to terminate or reduce its relationship with the Company.
5. NON-SOLICITATION OF EMPLOYEES
For [NUMBER] months after the relationship ends, the Recipient shall not:
- Solicit for employment any employee or contractor of the Company.
- Encourage any employee to leave the Company's employment.
6. NON-DISPARAGEMENT
The Recipient shall not make any disparaging or negative statements about the Company, its owners, officers, products, or services.
7. REASONABLENESS
The Parties acknowledge that the restrictions in this Agreement are reasonable in scope, geography, and duration, and are necessary to protect the Company's legitimate business interests.
8. REFORMATION
If any restriction is found to be unenforceable because it is too broad, a court may modify and enforce it to the maximum extent permitted by law, and the remaining restrictions shall remain enforceable.
9. INJUNCTIVE RELIEF
The Recipient acknowledges that breach of this Agreement will cause irreparable harm. The Company may seek injunctive relief and other equitable remedies without prejudice to other remedies.
10. CONSIDERATION
- [ ] In consideration of continued employment.
- [ ] In consideration of $[AMOUNT] paid on execution.
- [ ] In consideration of the sale of the business for $[AMOUNT].
11. RETURN OF PROPERTY
Upon termination of the relationship, the Recipient shall return all Company property and confidential information immediately.
12. GENERAL
- Governing Law: [JURISDICTION]
- Survival: These obligations survive the end of the relationship.
- Assignment: Binding on successors and assigns of the Company.
- Entire Agreement: This is the entire agreement on this subject.
Company: _______________________ Date: __________
Recipient: _______________________ Date: __________
Witness: _______________________ Date: __________