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Kansas Non-Compete Agreement Template

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The Kansas Non-Compete Agreement Template details the conditions that a Disclosing Entity wishes to impose upon a Recipient of information to safeguard against any potentially unfair competition. Such paperwork may be used by virtually any Company whether it is a corporation, partnership, limited liability company etc. in any number of situations where it exposes its sensitive information. Commonly, this occurs upon an entity’s hiring of a new employee. In fact, most would consider it wise to have a new employee provide some assurance that any information he or she is exposed to because of being employed with a Company will not be used to benefit its competitors or damage the Company.

This agreement will ensure that the new employee in our example is aware, should they leave the company by way of termination or resignation, that all proprietary information will be protected for a specified time period through a signed contract. In most cases, the agreement of the employee to this form is necessary to achieve employment with the company.

Restrictions

There is no statute or regulation that governs non-compete agreements on the state of Kansas. Non-compete agreements must be reasonable and are enforced if it protects a legitimate business interest, imposes an undue burden on the employee, not against public policy, and includes reasonable time and geographic restrictions.  Non-compete agreements must be supported by adequate consideration and ancillary to an otherwise lawful contract. Non-compete agreements are regularly enforced in Kansas but will only be enforced if they are reasonable under the circumstances and not adverse to the public welfare.

Laws – None

How to Write

1 – This Agreement Will Begin With An Introductory Declaration

“1. Purpose” will address the agreement and what will be required of the Contract Recipient. The Preparer of this contract must enter the Name of the Company requiring confidentiality of its proprietary materials into the first available blank space.

The next available space will call for the Recipient Name. This is the party who will be held responsible to maintaining the Company’s confidentiality.

2 – Select The Restricted Actions From A Check List

The checklist presented in “2. Non-Compete/Disclosure” will seek a report on the restrictions both Company and Recipient have agreed should be made of the Recipient. These restrictions have been divided into five basic areas titled as “Business Practices,” “Clients/Customers,” “General Competitors,” Specific Competitors,” and “Employees.” To apply a restriction in one or more of these areas, the corresponding checkbox must be checked or marked before this contract is signed. Any description left unchecked will not be included as part of this contract’s effect.

3 – These Conditions Should Be Attached To A Definitive Time Period

The following section, “3. Time Period,” will declare how long this contract’s conditions will last once they have started. This time period should be entered directly onto the blank line in the first sentence of this section. Continue reporting in this section by marking either the first checkbox to set the Start Date as this agreement’s Effective Date or the second checkbox to set the beginning of this Effective Period as whatever Calendar Date the Company and Recipient end their professional relationship.

4 – The Ability To Purchase A Relief Of Restrictions Is Considered

In “4. Purchase Option,” the Company will decide whether or not the Recipient would have the option of paying the Company in exchange for voiding the document altogether. If the Company wishes to extend this option to the Recipient, then the first “Purchase Option” box must be checked and the pre-determined and agreed upon amount to be paid to the Company must be entered onto the blank spaces provided.If there will be no purchase option made available to the Recipient, then select the second box in “4. Purchase Option.”

5 – Solidify Where The Effects Of This Contract Are Active

Section 5 will require a listing of any areas that are included in the geographical aspect of the proprietary protections required.

6 – Review And Report The Execution Date

In order to complete the agreement, in addition to the previous sections, the employee must carefully read the entire document to ensure that they understand the company’s expectations during and beyond employment with the company. Once all sections have been completed by the Preparer, the Execution Date of this agreement should be recorded using the available spaces of the closing statement in “13. Entire Agreement.”

7 – Each Participating Signature Party Must Sign This On The Execution Date

The Signature Parties (Company and Recipient) will each have a defined area where this contract will accept his or her Signature. The column on the left, below the Execution Date, is reserved strictly for the Company Owner or Company Representative’s Signature, Printed Name, Title held with the Company, and Date of Signature to be supplied directly on their respectively labeled lines (“Signature,” “Print Name And Title,” and “Date”)

The column on the right (“Recipient”) has been set up to accept the Recipient’s Signature, Name (in Print), and Signature Date supplied only by the Contract Recipient named in the introduction. Three lines (“Signature,” “Print Name,” and Date”) have been provided strictly for the Recipient to supply such items and enter this contract.


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