Release Of Non Compete Agreement

Release Of Non Compete Agreement Template for Netherlands

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Key Requirements PROMPT example:

"I need a Release of Non-Compete Agreement under Dutch law for a senior software developer leaving our tech company who will be working for a direct competitor starting March 1, 2025, with the condition that they cannot solicit our existing clients for 12 months."

Document background

The Release of Non-Compete Agreement is a crucial document used when an employer decides to waive the competitive restrictions previously imposed on a former employee. This type of agreement is particularly relevant in the Dutch business environment, where non-compete clauses (concurrentiebeding) are strictly regulated under Article 7:653 of the Dutch Civil Code. The document is typically used when circumstances change, such as company restructuring, changes in market conditions, or when enforcing the non-compete is no longer necessary or beneficial. It provides legal certainty to both parties by clearly defining the scope of the release, any remaining obligations, and the effective date of the release. The agreement must be carefully drafted to ensure compliance with Dutch law while protecting both parties' interests.

Suggested Sections

1. Parties: Identification of the employer and former employee, including full legal names, addresses, and any relevant registration numbers

2. Background: Reference to the original employment agreement, non-compete clause, termination of employment, and reason for releasing the non-compete obligations

3. Definitions: Key terms used in the agreement, including 'Original Agreement', 'Non-Compete Clause', 'Effective Date', and any other relevant terms

4. Release of Non-Compete Obligations: Clear statement of the release from the non-compete obligations, specifying which restrictions are being lifted

5. Effective Date: Specification of when the release takes effect

6. Surviving Obligations: Identification of any obligations that survive this release, such as confidentiality requirements

7. Governing Law: Confirmation that Dutch law governs the agreement

8. Signatures: Execution blocks for all parties

Optional Sections

1. Consideration: Include when there is payment or other consideration for the release

2. Mutual Releases: Include when parties wish to release each other from additional claims or obligations beyond the non-compete

3. Geographic Scope: Include when the release applies to specific geographic areas or markets

4. Partial Release: Include when only certain aspects of the non-compete are being released while others remain in effect

5. Non-Solicitation: Include when addressing separate non-solicitation provisions

6. Confidentiality of Release: Include when parties wish to keep the terms of the release confidential

7. Tax Implications: Include when there are tax considerations related to any payments or benefits

Suggested Schedules

1. Original Non-Compete Agreement: Copy of the relevant sections of the original employment agreement containing the non-compete provisions

2. List of Competitors: If applicable, list of specific competitors or companies with whom the employee may now engage

3. Payment Schedule: If consideration is being paid, details of payment amounts and timing

4. Geographic Territories: If applicable, map or description of geographic areas where restrictions are being lifted

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

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