Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}} | Email: {{email}} | Website: {{website}}
EMPLOYEE NON-COMPETE AGREEMENT
This Employee Non-Compete Agreement (hereinafter referred to as the 'Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:
{{company_name}}, a company duly incorporated under the laws of {{country_of_incorporation}}, with its registered address at {{company_address}} (hereinafter referred to as the 'Company');
AND
{{employee_name}}, an adult individual residing at {{employee_address}}, holding National Identification Document/Passport number {{employee_id_number}} (hereinafter referred to as the 'Employee').
The Company and the Employee may collectively be referred to as 'the Parties' and individually as 'a Party'.
RECITALS
WHEREAS, the Company is engaged in the business of {{company_business_description}} (the 'Business'), which involves unique processes, proprietary information, trade secrets, and valuable client relationships;
WHEREAS, the Employee is employed by the Company in the position of {{employee_position}} and, in the course of such employment, gains access to, develops, or contributes to confidential and proprietary information, trade secrets, client lists, business strategies, and other sensitive information belonging to the Company;
WHEREAS, the Company has a legitimate business interest in protecting its confidential information, trade secrets, goodwill, and client relationships from unfair competition;
NOW, THEREFORE, in consideration of the employment of the Employee by the Company, the compensation and benefits provided to the Employee, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
NON-COMPETITION
During the term of the Employee's employment with the Company and for a period of {{non_compete_period_months}} ({{non_compete_period_months_words}}) months immediately following the termination of such employment for any reason whatsoever (the 'Restricted Period'), the Employee shall not, directly or indirectly, for themselves or on behalf of any other person, company, or entity:
a) Engage in, own, manage, operate, control, be employed by, participate in, or be connected with, in any manner, an enterprise or business that is in competition with the Business of the Company within the geographical area of {{restricted_geographical_area}} (the 'Restricted Area'). For the avoidance of doubt, a 'competing enterprise' shall be defined as any business involved in {{specific_competing_activities}}.
b) Solicit business from, or provide services to, any client, customer, or prospective client/customer of the Company with whom the Employee had contact or about whom the Employee gained confidential information during their employment with the Company.
c) Solicit, induce, or encourage any employee, contractor, agent, or supplier of the Company to terminate their relationship with the Company.
CONFIDENTIALITY
The Employee acknowledges that during the course of their employment, they will have access to and become familiar with confidential and proprietary information belonging to the Company. The Employee agrees that they will not, at any time during or after the Restricted Period, disclose or use any confidential information, trade secrets, business strategies, or client lists of the Company for any purpose other than for the benefit of the Company, without the prior written consent of the Company.
Confidential Information includes, but is not limited to, {{examples_of_confidential_information}}.
ENFORCEMENT AND REMEDIES
The Employee acknowledges that a breach of this Agreement will cause irreparable harm to the Company for which monetary damages alone would not be an adequate remedy. Accordingly, the Employee agrees that, in the event of a breach or threatened breach of this Agreement, the Company shall be entitled to seek injunctive relief, specific performance, and any other equitable remedies available, in addition to any other remedies at law, without the necessity of proving actual damages.
The Employee further agrees to pay all costs and expenses, including reasonable legal fees, incurred by the Company in enforcing this Agreement.
SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. The Parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of {{country_governing_law}}.
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of {{country_governing_law}}.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties.
ACKNOWLEDGEMENT
BY SIGNING BELOW, THE EMPLOYEE ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO ALL THE TERMS AND CONDITIONS OF THIS NON-COMPETE AGREEMENT AND HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO SIGNING THIS AGREEMENT.
SIGNATURES
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written.
FOR THE COMPANY:
_____________________________
Name: {{company_authorized_signatory_name}}
Title: {{company_authorized_signatory_title}}
Date: {{signature_date}}
FOR THE EMPLOYEE:
_____________________________
Name: {{employee_name}}
Date: {{signature_date}}
Related templates
Preliminary Acceptance of Product for Resale
This template is used by a reseller to formally acknowledge the preliminary acceptance of a product from a supplier, prior to final acceptance and payment. It outlines the terms of acceptance, inspection, and any initial discrepancies.
Diligence Confidentiality Protocol
Protocol governing handling, distribution, and destruction of confidential diligence materials.
Diligence Findings Memo
Internal diligence findings memo with material issues and recommended deal adjustments.
Non-Disclosure Agreement (Mutual M&A)
Mutual NDA tailored for M&A discussions with non-solicit and standstill optional.