Sample Template Example of Non Competition & Non Solicitation Contract /Deed Between Two Business Organisations in Word / Doc / Pdf Free Download
Download Non Competition Contract Format
[DATE, ex. Wednesday, June 11, 2014]
[NAME, COMPANY AND ADDRESS OF EMPLOYEE, ex.
John Smith
XYZ Inc.
1234 First Street
Suite 567
Anycity, Anystate
85245]
Dear [NAME OF EMPLOYEE, ex. John
Smith],
Re: Employment Agreement
We are pleased that you have accepted employment with [NAME OF EMPLOYER]
(the “Employer”) commencing [START DATE OF EMPLOYMENT, ex. July 1, 1998]. As you know, you will be employed as [TITLE
DESCRIPTION OF EMPLOYMENT]. This letter will set out the terms and conditions
of the protection we require regarding non-competition and non-solicitation,
which are required of you as a condition of being employed at this firm.
1. Non-Competition: You
agree that you will not, without the prior written consent of the Employer, at
any time during your employment with the Employer and for a period of [PERIOD OF DURATION OF NON-COMPETITION (IE. 2
YEARS) - NB. SHOULD NOT EXCEED 5 YEARS!] following the termination of your
employment however caused (whether your employment is terminated by you or the
Employer and whether with or without cause or in breach of this Agreement)
either individually or in partnership or jointly or in conjunction with any
person as principal, agent, employee, shareholder (other than a holding of
shares listed on a United States or Canadian stock exchange that does not
exceed 5 percent of the outstanding shares so listed) or in any other manner
whatsoever carry on be engaged in or be concerned with or interested in or
advise, lend money to, guarantee the debts or obligations of or permit your
name or any part thereof to be used or employed by any person engaged in or
concerned with description of aspect of business in which employee is engaged
(ie, the distribution and sale of computer accounting software)] within
[GEOGRAPHIC AREA WITHIN WHICH EMPLOYEE IS NOT TO COMPLETE, ex. the City of New
York and an area within a radius of 5 miles from the boundaries of the City of
New York].
You agree that the restrictions set out above are reasonable and valid
and all defences to the strict enforcement of this non-competition covenant by
the Employer is waived by you.
2. Non-Solicitation of
Clients: You agree that you will not, without the prior written consent of the
Employer, at any time during your employment with the Employer or for a period
of 2 years from the termination of your employment however caused (whether your
employment is terminated by you or the Employer and whether with or without
cause or in breach of this Agreement), either individually or through any
company controlled by you and either on your own behalf or on behalf of any
person competing or endeavouring to compete with the Employer, directly or
indirectly solicit, endeavour to solicit or gain the custom of, canvass or
interfere with any person who is a client of the Employer as at the date of
termination of your employment or use your personal knowledge of or influence
over any such client to or for your own benefit or that of any other person
competing with the Employer.
3. Non-Solicitation of
Employees: You agree that you will not, without the prior written consent of
the Employer, at any time during your employment with the Employer or for a
period of 2 years from the date of termination of your employment however
caused (whether your employment is terminated by you or the Employer and
whether with or without cause or in breach of this Agreement), either
individually or through any company controlled by you and either on your behalf
or on behalf of any other person competing or endeavouring to compete with the
Employer, directly or indirectly solicit for employment, or endeavour to employ
or to retain as an independent contractor or agent, any person who is an
employee of the Employer as of the date of termination of your employment or
was an employee of the Employer at any time during 2 years prior to the
termination of your employment.
You further agree that, should you be approached by a person who is or
has been an employee of the Employer during the period described above, you
will not offer to nor employ or retain as an independent contractor or agent
any such person for a period of 2 years following the termination of your
employment.
4. Agreement to Modification
of Restrictive Covenants: While the restrictions in sections 1, 2 and 3 are
considered by you and the Employer to be reasonable in all of the circumstances
as of the date of this Agreement, it is hereby agreed that if any one or more
of such restrictions shall be judged to be void as going beyond what is
reasonable in all of the circumstances for the protection of the interests of
the Employer, but would be valid if part of the wording thereof were deleted or
the period thereof reduced or the range of activities covered thereby reduced
in scope, the said reduction shall be deemed to apply with such modifications
as may be necessary to make them valid and effective and any such modification
shall not thereby affect the validity of any other restriction contained in
this Agreement.
5. Independent Legal Advice:
You agree that you have been advised by the Employer that you should obtain
independent legal advice in connection with the terms of this agreement. You
confirm that you have either obtained such advice or chosen not to do so and
that you fully understand the terms and conditions set out herein and agree to
be bound by them.
6. Copy of Agreement: You
acknowledge receipt of a copy of this agreement signed by the Employer.
If you agree with the above, please sign both copies of this letter in
the presence of a witness and return one copy to the Employer.
Sincerely,
[NAME OF EMPLOYER, ex. ABC Corporation]
Per: __________________________________
I have read, understand and hereby voluntarily
accept the terms of employment outlined above.
Date: __________________________________
………………………………………….. ………………………………………….
Witness [NAME
OF EMPLOYEE]
Download Non Competition Contract Format
0 comments:
Post a Comment