Georgia Non-Compete Agreement Template

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The Georgia Non-Compete Agreement Template can be utilized by any business seeking to prevent another party (such as an employee or staff member) from competing unfairly with that business using its Confidential Information and Trade Secrets. The State of Georgia will have its own regulations that may be applied to remedy such situations (Ga. Code Ann. §§ 13-8-2 and 13-8-50 to 13-8-59).

The paperwork supplied on this page (through the buttons near the image) will seek to prevent such unfair competition by spelling out how a Business wishes its confidence to be maintained by a Recipient Party then, gaining a binding signature to the conditions it presents. It will provide all the language required to describe such wishes and will present several choices that may be applied. While this document constitutes a contract once it is signed, it will need several pieces of information regarding the Identities and Preferences of those participating in the Agreement. It is imperative the Preparer of this paperwork be fully abreast of the agreement reached between the Disclosing Company Party and the Recipient Party so that it may be filled out properly.

Noncompetes are only enforceable against employees who:

  1. Customarily and regularly solicit for the employer customers or prospective customers.
  2. Customarily and regularly engage in making sales or obtaining orders or contracts for products or services to be performed by others.
  3. Perform the following duties:
    • have a primary duty of managing the enterprise in which the employee is employed or of a customarily recognized department or subdivision;
    • customarily and regularly direct the work of two or more other employees; and
    • have the authority to hire or fire other employees or have particular weight given to suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees.
  4. Perform the duties of a key employee or professional. (Ga. Code. Ann. § 13-8-53(a).)

Laws – Ga. Code Ann. §13-8-50

How to Write

1 – Supplement The Introduction With The Participant Identities

The purpose of this agreement is to create an agreement to continue to protect specific confidential, proprietary trade secret information. In order to establish the agreement, report the name of the company or corporation interested in creating these temporary protections by recording it on the first blank line.

Similarly, utilize the next blank space to supply the name of the individual who shall be expected to maintain confidentiality as agreed. The party disclosing information and wishing to prevent unfair competition through this document will be referred to as “The Company” while the individual willing to adhere to this document and assure the Company’s safety will be known as “The Recipient.”

2 – Choose The Restriction Statements That Should Be Included In This Contract

“2. Disclosure” is the portion of this paperwork where we will define precisely what the Company wishes the Recipient to promise. In fact, when a statement in this checklist is marked, it will become part of the conditions the Recipient will contractually bind him or herself to at the time of Signature. Only the statements marked will be included in these terms.

Let’s review the first statement. If the Company wishes to restrict a Recipient’s “Business Practices” to a field outside of the Company’s industry and the Recipient has demonstrated an intent to adhere to the conditions it states, then mark the first checkbox.

The second statement will also seek a promise of self-restriction from the Recipient. If the Recipient will agree to avoid using the Company’s “Client/Customers” information in any way that resembles competition with the Company’s products and services

Oftentimes, how the Recipient Party engages with a Company’s “General Competitors” is of great concern. If the Company has decided to limit any of the interactions described in the third paragraph, then mark the checkbox to include it in this document.

Businesses will tend to be in direct competition with “Specific Competitors.” The fourth statement will accept the Names of any Specific Competitors it does not wish the Recipient to deal with. If this should be part of the Agreement, then provide the Legal Name(s) of any such Competitors in the space provided and mark the fourth statement.

If the Issuing Company does not want the Recipient to associate with its past or present “Employees” and the Recipient will adhere to the conditions listed in the fifth statement, then mark the corresponding checkbox.

3 – Assign A Specific Time Frame To The Period Of Effect

The next step will be to enter the time period in which the employee, must continue to maintain the confidential information of the company. Record this time frame in years and/or months on the blank line in the “3. Time Period” Statement.” Then, mark the first checkbox if this Effective Period starts the moment this document is signed by both parties or the second check box if the Effective Period begins upon the termination of the Recipient and Company’s relationship.

4 – The Recipient’s Ability To Purchase Release Must Be Approved Or Denied

Some companies offer the employee an opportunity to void the agreement by paying the company a stated amount, allowing the employee to continue business as usual. If this is the case, the hiring entity must state the amount to be paid by the employee, in the lines provided in this section and mark the checkbox corresponding to the first statement.

The second option should be marked if the Recipient is responsible for the terms of this Agreement for its entire intended lifespan.

5 – The Georgia Region Of Effect Must Be Declared

List the Jurisdiction(s) that hold authority over this paperwork on the blank line in “5. Jurisdiction”

6 – The Signature Parties Entering This Agreement Must Do So On the Declared Execution Date

Once this entire document has been reviewed by both parties, it can be executed. In “13. Entire Agreement” record the Execution Date in the “In Witness” statement. This will need to be signed by each party on the same day in the area below this statement.

“The Company” column in the lower left part of this page will need the Signature, Printed Name, and Title supplied on the first two blank spaces of either the Company’s Owner or an Authorized Representative of the Company. The last line should have this party’s Signature Date.

“The Recipient column on the right will contain the spaces for the Recipient’s Signature, Printed Name, and Signature Date to be supplied by the individual who will agree to the terms of and enter this contract.