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Non-Compete Agreement

Non-Compete Agreement

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4.6 (7)
Under 10 minutes
Under 10 minutes
Last updated December 2018
Last updated February 19, 2020
Suitable for all Australian states and territories
Suitable for all Australian states and territories

A Non-Compete Agreement is a document that protects a business from having their information exploited by an individual who seeks to gain competitive advantage. Customisable and ready to use in under 10 minutes.

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Document Overview

A Non-Compete Agreement is a document that protects a business from having their information exploited by an individual who seeks to gain competitive advantage. This document is designed to prevent a situation in which someone with access to your business’ private information and practices, uses this to start their own competing business in the same industry or for another person's benefit. This type of agreement is commonly used in industries that are highly competitive in nature. For example, product design, technology and sales are industries that are hyper competitive and businesses within them require substantial protection to ensure they stay ahead of their competitors.

A Non-Compete Agreement can be entered into in a number of different situations. The most common circumstance is when a new employee is being hired and a non-compete is presented as a condition of employment. Other instances where this document may be applicable include when business partners terminate their relationship, when a business is being sold to new owners and when a contractor’s services are no longer required. 

It is important to understand that if you are using this document for an employee, you cannot unreasonably impose a restriction that has the effect of obstructing them from earning a living. Therefore, if you intend to restrict an employee, you must have a legitimate business interest to protect. For example, the protection of confidential information, customer connections or stable workforce. Otherwise, your restraint may be regarded as unreasonable if you only seek to prevent an employee from working with a competitor.

Use this Non-Compete Agreement If:

  • You want to protect your business’ interests and information
  • You want to avoid being exploited for competitive advantage

What does this Non-Compete Agreement Cover?

  • Parties to the Agreement
  • Duration of Agreement
  • Restricted Activities
  • Confidential Information
  • Confidential Obligations

 


Further Information:

 

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