Free Non-Compete Agreement Template

NON-COMPETE AND NON-SOLICITATION AGREEMENT This Non-Compete and Non-Solicitation Agreement (the "Agreement") is entered into as of [Effective Date] (the "Effective Date"), BETWEEN: [Employer Name], with a principal place of business at [Employer Address] (the "Employer"); AND [Employee Name], with a principal place of business at [Employee Address] (the "Employee"). The Employer and the Employee may be referred to individually as a "Party" and collectively as the "Parties." 1. DEFINITION OF COMPETING ACTIVITIES "Competing Activities" means [Restricted Business Activities]. The Employee acknowledges access to trade secrets and customer relationships justifying reasonable restrictions, to the extent permitted by law. 2. GEOGRAPHIC SCOPE AND BOUNDARIES Restrictions apply within [Geographic Scope]. If a court finds the scope overbroad, it may be reformed to the maximum enforceable extent permitted by law. 3. DURATION OF RESTRICTIONS Non-compete restrictions run for [Restriction Duration] after termination of employment. Non-solicitation of employees and customers runs for [Non-Solicitation Duration] after termination, to the extent permitted by law. 4. CONSIDERATION AND COMPENSATION In consideration, the Employee receives [Consideration Amount] and/or continued employment and access to confidential information. Lack of separate consideration may affect enforceability in some jurisdictions. 5. CONFIDENTIAL INFORMATION PROTECTION The Employee will not use or disclose [Confidential Information Definition] except as required for employment. This obligation survives termination. 6. NON-SOLICITATION OF EMPLOYEES The Employee will not solicit or hire Employer employees for [Employee Non-Solicit Duration] after termination, to the extent permitted by law. 7. NON-SOLICITATION OF CLIENTS The Employee will not solicit or service Employer customers with whom the Employee had material contact for [Customer Non-Solicit Duration], to the extent permitted by law. 8. REMEDIES FOR BREACH Breach may cause irreparable harm. The Employer may seek injunctive relief and damages, including reasonable attorneys' fees where allowed by law, without limiting other remedies. 9. GOVERNING LAW This Agreement is governed by the laws of [Governing Law / Jurisdiction], without regard to conflict-of-law principles. The courts located in [Governing Law / Jurisdiction] will have exclusive jurisdiction over disputes arising out of or relating to this Agreement, unless the Parties agree in writing to mediation before litigation. 10. GENERAL (a) Entire Agreement. This Agreement constitutes the entire agreement between the Parties concerning its subject matter and supersedes prior or contemporaneous agreements on that subject. (b) Amendments. Modifications must be in writing and signed by both Parties. (c) Severability. If any provision is held unenforceable, the remaining provisions remain in effect. (d) Assignment. Neither Party may assign this Agreement without the other Party's prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets. (e) Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, including electronic signatures, each of which will be deemed an original. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. EMPLOYER Name: [Employer Name] Signature: _______________________________ Name of Signatory: _______________________ Title: ___________________________________ Date: ____________________________________ EMPLOYEE Name: [Employee Name] Signature: _______________________________ Name of Signatory: _______________________ Title: ___________________________________ Date: ____________________________________