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Non-Compete Agreement

A Non-Compete Agreement can be used to prevent a party from exploiting a business' information to gain a competitive advantage. This Agreement is drafted to be executed as a deed.


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Document Overview

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. 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 requires the agreement of the the other party, and so is normally entered into in situations where your business has some negotiating power with the other party. 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. 

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. You must have a legitimate business interest to protect, such as the protection of confidential information, customer connections or stable workforce. Otherwise, your restraint may be regarded as unreasonable and become unenforceable.

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

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