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Basic Non Compete Agreement Template for United States

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Key Requirements PROMPT example:

Basic Non Compete Agreement

"I need a Basic Non Compete Agreement for a senior software engineer joining my California-based tech startup in January 2025, focusing on protecting our AI development methodologies and customer relationships for a period of 18 months within a 50-mile radius."

Document background
The Basic Non Compete Agreement is a fundamental business document used to protect an organization's legitimate business interests when engaging with employees, contractors, or business partners. It becomes relevant during hiring, business transactions, or when protecting confidential information and trade secrets. This agreement, while governed by U.S. law, must carefully consider state-specific requirements, as enforceability varies significantly across jurisdictions. Recent developments, including the FTC's proposed ban on non-compete clauses and various state restrictions, have made it crucial to draft these agreements with precise terms regarding duration, geographic scope, and prohibited activities. The document typically includes provisions for consideration, enforcement mechanisms, and clear definitions of restricted activities, ensuring it remains reasonable and enforceable while effectively protecting business interests.
Suggested Sections

1. Parties: Identification of the employer/company and the individual/entity subject to the non-compete restrictions

2. Background: Context of the agreement, including the business relationship between the parties and legitimate business interests being protected

3. Definitions: Clear definitions of key terms including 'Competitive Business', 'Restricted Period', 'Restricted Territory', and 'Confidential Information'

4. Non-Compete Obligations: Core restrictions on competitive activities, including specific prohibited activities

5. Duration and Geographic Scope: Specific time period and geographical boundaries of the restrictions

6. Consideration: The compensation or benefit provided in exchange for the non-compete agreement

7. Acknowledgments: Employee/party acknowledgments regarding reasonableness of restrictions and receipt of consideration

8. Remedies: Available remedies for breach, including injunctive relief and damages

9. Governing Law: Specification of applicable state law and jurisdiction

10. General Provisions: Standard boilerplate provisions including severability, modification, and entire agreement

Optional Sections

1. Garden Leave: Provisions for paid leave during some or all of the restricted period - include when required by state law or agreed between parties

2. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers - include when broader protection is needed

3. Confidentiality: Detailed confidentiality obligations - include when not covered by a separate NDA

4. Assignment: Right to assign the agreement - include when the business may be sold or restructured

5. Return of Property: Obligations regarding return of company property - include when the restricted party has access to physical or digital assets

6. Independent Contractor: Clarification of independent contractor status if applicable - include when the restricted party is not an employee

Suggested Schedules

1. Schedule A - Restricted Territory: Detailed description of geographic areas where restrictions apply, including specific regions, radius, or customer locations

2. Schedule B - Competitive Business: Detailed list of specific competitors, business types, or prohibited activities

3. Schedule C - Consideration: Details of any specific compensation or benefits provided as consideration

4. Appendix 1 - State-Specific Provisions: Additional or modified provisions required by specific state laws

Authors

Alex Denne

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

Relevant legal definitions

























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Relevant Industries

Technology

Healthcare

Financial Services

Professional Services

Manufacturing

Retail

Consulting

Software Development

Biotechnology

Sales and Marketing

Engineering

Research and Development

Education and Training

Media and Entertainment

Telecommunications

Relevant Teams

Human Resources

Legal

Executive Leadership

Sales

Business Development

Research and Development

Product Development

Operations

Information Technology

Marketing

Finance

Engineering

Customer Success

Professional Services

Strategic Planning

Relevant Roles

CEO

CTO

Sales Manager

Senior Software Engineer

Business Development Director

Research Scientist

Product Manager

Account Executive

Technical Lead

Marketing Director

Operations Manager

HR Director

Financial Analyst

Management Consultant

Executive Vice President

Regional Sales Director

Department Head

Senior Consultant

Project Manager

Chief Innovation Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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