Homepage Valid Non-compete Agreement Template Free Non-compete Agreement Document for Texas State

Document Sample

Texas Non-compete Agreement

This Non-compete Agreement ("Agreement") is entered into as of the ____ day of __________, 20__, by and between:

Employer: ____________________________

Address: _____________________________

and

Employee: ____________________________

Address: _____________________________

This Agreement is governed by the laws of the State of Texas. The Employer desires to protect its business interests, while the Employee wishes to accept employment with the Employer, subject to the terms set forth in this Agreement.

1. Non-compete Covenant

The Employee agrees that during the term of employment and for a period of ____ months/years following termination, the Employee will not engage in the following activities:

  • Directly competing with the Employer.
  • Working for or engaging in any business that is similar to or competes with the Employer's business.
  • Soliciting clients or customers of the Employer.

2. Geographic Scope

This non-compete covenant shall apply within the following geographic area:

____________________________ (specify area)

3. Reasonable Consideration

The Employee acknowledges that the consideration for signing this Agreement is the employment provided by the Employer, along with access to proprietary information and resources.

4. Severability

If any part of this Agreement is found to be unenforceable or invalid, that part shall be limited or eliminated to the minimum extent necessary. The remaining provisions will remain in full force and effect.

5. Acknowledgment

The Employee has been given the opportunity to seek independent legal advice regarding the implications of this Agreement and fully understands its terms.

IN WITNESS WHEREOF, the parties have executed this Non-compete Agreement as of the date first above written.

Employer's Signature: ____________________________

Date: ____________________________

Employee's Signature: ____________________________

Date: ____________________________

Form Data

Fact Name Details
Definition A non-compete agreement is a contract that restricts an employee from working for competitors after leaving a job.
Governing Law Texas law governs non-compete agreements under the Texas Business and Commerce Code.
Enforceability These agreements are enforceable if they are reasonable in scope, duration, and geographic area.
Consideration For a non-compete agreement to be valid, there must be consideration, such as a job offer or promotion.

Texas Non-compete Agreement - Usage Guidelines

Once you have the Texas Non-compete Agreement form, you can begin filling it out. This process requires careful attention to detail to ensure all necessary information is accurately provided. Follow the steps below to complete the form effectively.

  1. Begin by entering the date at the top of the form. This should be the date on which the agreement is being executed.
  2. Provide your full legal name in the designated space. Make sure to use the name as it appears on official documents.
  3. Next, fill in the name of the company or employer you are entering into the agreement with. This should be the official name of the business.
  4. Specify the nature of the business in which the employer is engaged. This helps clarify the context of the non-compete.
  5. Detail the specific geographic area where the non-compete will apply. Be clear and precise about the boundaries.
  6. Indicate the duration of the non-compete period. This is the length of time you agree not to engage in similar business activities after leaving the company.
  7. Sign the form in the designated area. Ensure your signature matches the name you provided earlier.
  8. Have a witness sign the form if required. Some agreements may need a witness to validate the document.
  9. Finally, make copies of the signed agreement for your records and for the employer.

Dos and Don'ts

When filling out the Texas Non-compete Agreement form, it's important to follow certain guidelines to ensure the document is completed correctly. Here are five things you should and shouldn't do:

  • Do read the entire agreement carefully before filling it out.
  • Do provide accurate and truthful information about your employment and business activities.
  • Do clearly understand the terms and conditions of the non-compete clause.
  • Don't rush through the form; take your time to avoid mistakes.
  • Don't sign the agreement without fully understanding your rights and obligations.

Common mistakes

  1. Not Understanding the Scope of the Agreement: Many individuals fail to grasp the full implications of the non-compete agreement. It's crucial to recognize what activities are restricted and for how long. A lack of clarity can lead to unintentional violations.

  2. Ignoring Geographic Limitations: Some people overlook the geographic area specified in the agreement. If the restrictions are too broad, they may be unenforceable. It’s important to ensure that the area is reasonable and justifiable.

  3. Failing to Consider Duration: The duration of the non-compete clause is another common oversight. An excessively long period can render the agreement invalid. A reasonable time frame should be established based on industry standards.

  4. Not Seeking Legal Advice: Many individuals fill out the form without consulting a legal expert. This can lead to misunderstandings about the rights and obligations involved. Seeking professional guidance can provide clarity and protect interests.

  5. Overlooking Compensation Clauses: Some people forget to review any compensation or consideration provided in exchange for signing the agreement. If there is no compensation, the agreement may not hold up in court.

  6. Neglecting to Keep a Copy: After signing, individuals often fail to keep a copy of the agreement. Without a copy, it becomes challenging to reference the terms later. Always ensure to retain a signed copy for personal records.