Non-Compete Agreement by EasyLegalDocs

Open Legal LibraryUpdated 4 Nov 2025

This Non-Compete Agreement template is designed for use between a company and its employee. It establishes restrictions on the employee's ability to compete with the company or solicit its employees and clients. The agreement aims to protect the company's legitimate business interests during and for a specified period after employment.

NON-COMPETE AGREEMENT

This Non-Compete Agreement (the "Agreement") is entered into between [Company Name] having its principal place of business located at [Company Address] (the "Company") and [Employee Name] (the "Employee"), residing at [Employee Address] on [Effective Date] (the "Effective Date").

WHEREAS, the Employee and the Company have entered into an agreement whereby the Employee is expected to perform the general duties related to their position as [Employee Job Title]; and

WHEREAS, the Employee agrees that the restrictions contained in this Agreement are legally binding.

THEREFORE, pursuant to the mutual promises and covenants made by the parties thereto, the Company and the Employee (individually referred to as "Party" and collectively as "Parties") agree to be bound by the following terms:

Acknowledgment of Relationship

Both parties hereby agree and acknowledge that this Agreement is made in consideration of the promises agreed to in the Employee Contract Agreement.

Non-Competition

For the entire duration of the Employee Contract Agreement or any subsequent agreement executed for that similar purpose, and for 12 months after the termination thereof, the Employee will not work as an employee, officer, operator, director, manager, partner, consultant, representative, agent, owner or engage in any other capacity in any direct or indirect competition with the Company.

Non-Solicitation

The Employee further agrees not to solicit any Company employee to leave his/her employ with the Company, either directly or indirectly, or solicit the business of any Company client or customer, partner, agent or consultant.

Employee Acknowledgment

The Employee acknowledges that:

This Agreement has explicitly been bargained between the parties, and that the Employee has been provided with the opportunity to negotiate this Agreement;

The Employee has had the opportunity to seek legal counsel before signing this Agreement;

That the imposed restrictions are considered fair, reasonable, and necessary to protect the Company's legitimate business interests; and

That these restrictions, prohibitions, and other provisions of this Agreement, including but not limited to the restricted duration and territory, are reasonable and do not constitute an undue burden or threat to the Employee's livelihood.

Representations and Warranties

Both parties represent that they have the authorization to enter into this Agreement and that the performance of their obligations will not violate or infringe upon the third-party rights or violate any other agreement between the parties or any law or government regulation.

Legally Binding

This Non-compete Agreement shall be binding upon and inure to the parties' benefit and their representative legal representatives, administrators, executors, successors, and permitted assigns.

Notice

Any notice or correspondence made by any party under this Agreement shall be in writing and delivered by recorded delivery.

Severability

If any provision of this Agreement is deemed invalid or unenforceable under any applicable law, in whole or in part. In that case, that invalid or unenforceable part shall be severed from the remainder of the Agreement. All other provisions contained in the Agreement shall continue in full force and effect as valid and enforceable.

Waiver

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About this template

What is this template?

This is a restrictive covenant contract between an employer and a specific employee. It is not a general employment contract, but rather a supplemental agreement that focuses on non-competition and non-solicitation. It contains a specific 12-month restriction period and a mandatory arbitration provision.

When should you use it?

Use this document when an employee is being hired or promoted into a role with access to trade secrets or key clients. Use a Mutual Non-Disclosure Agreement instead if the only goal is to protect confidential information without restricting future employment.

What's inside

ClauseNameWhat it does
Non-CompetitionNon-CompetitionProhibits the Employee from working for direct or indirect competitors for 12 months following the termination of their employment contract.
Non-SolicitationNon-SolicitationRestricts the Employee from soliciting Company employees to leave their jobs or soliciting business from the Company's clients and partners.
Employee AcknowledgmentEmployee AcknowledgmentConfirms the Employee had the opportunity to seek legal counsel and agrees the 12-month restriction is reasonable for business protection.
Governing Law & JurisdictionGoverning Law & JurisdictionSubjects all disputes to the exclusive jurisdiction of courts and mandatory arbitration by a specified arbitral institution.
SeverabilitySeverabilityEnsures that if one part of the agreement is found invalid, the remaining enforceable provisions stay in effect.

Who it's for

  • an employer seeking to protect proprietary interests by restricting a departing software engineer from joining a competitor
  • a company requiring a 12-month post-termination cooling off period for former staff
  • a business relationship where an employee is expected to perform specific job duties and acknowledges the restrictions are legally binding

How long it runs and how it's signed

How long
Runs for a fixed period
Stated duration
12 months after the termination thereof
Survives the end
Non-Competition, Non-Solicitation, Governing Law & Jurisdiction
Signed by
COMPANY, EMPLOYEE
Witness
Not required
Notarisation
Not required

United States note

This version is drafted for US law generally. Contract, employment and consumer rules vary by state — for example on non-competes and at-will employment. Tell GitLaw which state applies and it adjusts the draft.

Jurisdiction
United States of America
Source
Non-Compete Agreement by EasyLegalDocs
from EasyLegalDocs
Document info
HTML document. Document created on Fri Sep 26th, 2025. Last updated on Tue Nov 4th, 2025.
This document is public
Licensed under CC BY 4.0 (Attribution).
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