North Carolina Non-compete Agreement Template
This North Carolina Non-compete Agreement ("Agreement") is entered into as of [___date___] ("Effective Date"), by and between [___Company Name___], a company organized and existing under the laws of the State of North Carolina, with its principal office located at [___Company Address___] ("Company"), and [___Employee Name___], residing at [___Employee Address___] ("Employee").
WHEREAS, the Company is in the business of [___describe business___], and it is critical for the Company to protect its confidential information and business interests;
AND WHEREAS, the Employee agrees to the restrictions set forth herein in consideration for [___consideration, e.g., employment, continued employment, compensation, etc.___];
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Term
The term of this Agreement shall commence on the Effective Date and shall continue for a period of [___time period___] after the termination or resignation of the Employee from the Company, unless otherwise terminated as provided herein.
2. Non-compete Covenant
The Employee agrees that during the term of this Agreement and for a period of [___time period___] thereafter, the Employee shall not, within [___geographic area___], directly or indirectly, whether on the Employee's own behalf or in the service or on the behalf of others, engage in a business that is in direct competition with the business of the Company.
3. Non-solicitation
The Employee agrees that during the term of this Agreement and for a period of [___time period___] thereafter, the Employee shall not solicit or induce, or attempt to solicit or induce, any employee, contractor, or client of the Company to terminate their relationship with the Company, for any reason whatsoever.
4. Confidentiality
The Employee acknowledges that they may be exposed to confidential and proprietary information belonging to the Company. The Employee agrees to maintain the confidentiality of all such information during and after their employment.
5. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.
6. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.
7. Amendment
This Agreement may only be amended or modified by a written document executed by both the Company and the Employee.
8. Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will not be affected or impaired in any way.
9. Acknowledgment
The Employee acknowledges that they have had the opportunity to consult legal counsel concerning this Agreement, that they have read and understand the Agreement, that they are fully aware of its legal effect, and that they have entered into it freely based on their own judgment.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first above written.
- Company Signature: ___________________________ Date: [___date___]
- Employee Signature: __________________________ Date: [___date___]