Free Non-Compete Agreement Templates (Employee, Contractor)

A non-compete agreement is a contract an employer gets into with their employee to prevent any competition in a specified period both during and after employment. The agreement bars the employees from using knowledge and secrets learned from the employer to start a competing business or work with a competitor.

The agreement can also be entered between an independent contractor and a company/ business they’re working for. These contracts are signed at the start of employment. Contractors, consultants, and employees working for a company are required to sign the agreements.

They are popular in the media industry, and the information and technology sectors, besides you may also find these contracts in the manufacturing, financial sector, and the corporate world.

Free-non compete agreement templates

Although you may make an agreement from scratch, the task can be challenging. The best alternative is to use the templates provided here. You should customize the form to meet your desired needs.  After filling in your document, it’s essential to seek the advice of an attorney or a legal representative to avoid flaws and omissions in the document.

Business to Business Non-Compete Agreement Template

Non-Compete and Confidentiality Agreement Template

Non-Compete and Inventions Agreement Template

Non-Compete Agreement Between Business Partners

Deed of Non-Competition Agreement Template

Non-Compete Purchase Agreement Template

Telephone Company Non-Compete Agreement Template

Non-Compete and Retention Agreement Template

Non-Compete or Services Agreement Template

Sale of Business Non-Compete Agreement Template

Subcontractor Non-Compete Agreement Template

Employment and Non-Compete Agreement Template

Post-Termination Non-Compete Agreement Template

Inter-Company Non-Compete Agreement Template

Vendor Non-Compete Agreement Template

Non-Disclosure Non-Compete Agreement Template

Release From Non-Compete Agreement Template

Employee Non-Compete Agreement Template

Non-Solicitation Non-Compete Agreement Template

Business Non-Compete Agreement Template

Types of non-compete agreements

Mainly we have two types of non-compete agreements.

Independent contractor non-compete agreement

An independent contractor may be a sub-contractor or consultant such as a doctor, dentist, attorney, etc. These are individuals or companies that provide goods or services to a specific business. These individuals execute their duties according to their schedule and are subject to self-employment tax.

This agreement protects a company/ business that chooses to share sensitive business secrets such as clients, trade secrets and employees with another company or individual providing goods or services to them. In this regard, the independent contractor is barred from competing with the business that has contracted them within a specified period of time and in a specific geographical area.

Employee non-compete agreement

This agreement is a contract between an employee and their employer that prevents the employee from competing with their employer for a specific duration and in a particular geographical region. This duration may be from a period of six months to five years, but it may extend to up to 10 years in a few cases.

Other names used for the non-compete agreement

The non-compete agreement may also be referred to as:

• Covenant not to compete (CNC)
• No-compete clause
• Non-compete clause
• Non-competition agreement or
• No-poach agreement

Is a non-compete legally binding?

The legality of the agreement varies from one state to another since it’s controlled by state laws. In essence, we have four types of non-compete agreements, namely:

• Non-solicitation of employees
• Non-solicitation of customers
• Non-disclosure or confidentiality and lastly
• Non-compete

Things to check before signing a non-compete agreement

An employee may decide to negotiate with their employer to terminate the agreement if possible. If not, the employee or contractor is bound by the agreement after signing based on the terms and conditions of the contract?

An employee can decide to challenge the agreement in court under the following situations:

• If the agreement is discriminatory either on the basis of sex, race, etc.
• When the agreement exerts undue financial pressure on the individual or family. E.g., in cases of sickness.
• If the contract identifies unreasonable professions, sector or industries
• In case of unreasonable geographical restrictions.
• If the employer uses deceit to force the employee into the agreement
• When the employer applies an unreasonable duration for enforcement of the contract.

Before signing the agreement, the employee should critically scrutinize the document to ensure the terms and conditions of the contract are reasonable.

About This Article

Authored by:

Maria Latimer

U.S. Licensed Attorney - Commercial Civil Litigation, Employment and Labor Law, Family Law, Intellectual Property Protection and Counseling

Maria Latimer stands as a meticulously detail-oriented attorney, deeply entrenched in the multifaceted realms of the U.S. legal framework. With expertise spanning business formation and structures, she is adept at commercial civil litigation, navigating the intricacies of employment and labor law, and addressing delicate family matters, particularly in divorce and prenuptial contexts. Additionally, Maria's proficiency in intellectual property ensures robust protection and insightful counseling. Her portfolio is a testament to her versatility and depth, comprising a plethora of contracts she has crafted, ranging from Consulting and Operating Agreements to more nuanced documents like Non-solicitation and Confidentiality Agreements. From Website Privacy Policies to intricate Licensing and Financing Agreements, Maria's comprehensive expertise ensures that she remains a leading figure in the legal landscape, offering unparalleled expertise across her practice areas.