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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."
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
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
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
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
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
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
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