The Business Partner Non Compete Agreement is essential for businesses operating in New Zealand who wish to protect their legitimate interests when entering into partnerships or collaborative business relationships. This document is typically used when establishing new business partnerships, joint ventures, or strategic alliances where parties will have access to sensitive business information or customer relationships. It must be carefully drafted to comply with New Zealand's Commerce Act 1986 and common law principles regarding restraint of trade, ensuring that restrictions are reasonable and enforceable. The agreement should specify clear geographical boundaries, time limits, and the scope of restricted activities, while balancing the protection of business interests with the right to conduct business freely.
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1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Sets out the context of the business relationship and the purpose of the non-compete provisions
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competing Business', 'Restricted Period', and 'Restricted Territory'
4. Term of Agreement: Specifies when the agreement becomes effective and its duration
5. Business Relationship: Outlines the nature of the business partnership or relationship between the parties
6. Non-Compete Obligations: Details the specific activities that are prohibited, including operating competing businesses or soliciting customers/employees
7. Geographic and Time Restrictions: Specifies the geographical areas and time period where the non-compete restrictions apply
8. Confidentiality Obligations: Defines the handling and protection of confidential information shared between parties
9. Enforcement and Remedies: Outlines the consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard clauses including governing law, severability, and entire agreement provisions
1. Independent Contractor Relationship: Include when the business partnership is not an employer-employee relationship to clarify the nature of the association
2. Assignment and Succession: Include when there's a need to address the transfer of rights or obligations under the agreement
3. Non-Circumvention: Include when there's a specific need to prevent parties from bypassing the agreement through third parties
4. Mutual Non-Compete: Include when both parties are agreeing to reciprocal non-compete obligations
5. Dispute Resolution: Include when parties want to specify alternative dispute resolution methods before litigation
6. Survival Clause: Include when certain obligations need to continue after the agreement terminates
1. Schedule 1 - Restricted Territory: Detailed description or map of the geographical areas where non-compete restrictions apply
2. Schedule 2 - Competing Business Activities: Comprehensive list of prohibited business activities and competitors
3. Schedule 3 - Confidential Information: Detailed list of types of confidential information covered by the agreement
4. Appendix A - Business Interests: Description of the business interests being protected by the agreement
5. Appendix B - Related Entities: List of related companies, subsidiaries, or affiliates covered by the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Manufacturing
Healthcare
Financial Services
Retail
Consulting
Software Development
Research and Development
Biotechnology
Engineering
Real Estate
Education and Training
Media and Entertainment
Relevant Teams
Legal
Business Development
Executive Leadership
Commercial
Operations
Compliance
Corporate Development
Strategy
Partnership Management
Risk Management
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Chief Operating Officer
Partnership Manager
Commercial Director
Strategic Alliance Manager
Operations Manager
Contract Manager
Business Partner
Chief Legal Officer
Relationship Manager
Joint Venture Manager
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