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Louisiana Non-Compete Agreement Template

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The Louisiana Non-Compete Agreement Template acts as a hard copy tool Companies may use to document a Recipient’s personal guarantee that he or she will not use that Company’s information in a way that competes with its business. The State of Louisiana requires that this document’s conditions are dictated with fairness and reason, so the Recipient maintains the ability to find work within his or her skill set while safeguarding the Confidence of the Company. Essentially, this will be considered a signed and enforceable contract in a Louisiana Court of Law.

Naturally, while this will contain the language required to cover a variety of topics relevant to the potential of unfair competition it will need some facts reported so that it will apply to the parties involved and the drafting of a fair agreement.

Restrictions

Non-compete agreements are governed by Section 23:921 of the Louisiana Revised Statutes. Louisiana disfavors non-compete agreements but will enforce an agreement if the agreement is limited in geographic scope and specifically identifies parishes covered and municipalities, the geographic scope is limited to the areas where the business is conducted by the employer, it is for no longer than a period of two years from the termination date of the employee and prevents the employee from engaging in competing or similar business.

Non-compete agreements for automobile salesman that prohibit salesman from selling automobiles are void and unenforceable. La. R.S. 23:921(I)

Non-compete agreements entered into by real estate licensee must be allowed to rescind the agreement until midnight of the third business day following the later of either the execution of the agreement or the delivery of the agreement to the licensee. The agreement must be for a maximum of two years displayed in bold-faced block lettering of no less than 10-point font, limited to the geographic area where the employer conducts business, and specifically identify the parishes and municipalities.

LawsRS 23:921

How to Write

1 – Both Parties Must Be Properly Introduced At The Start Of This Paperwork

Establish the identity of the Company disclosing information and expecting its interests to be guarded in the first available space in the introduction statement.

Continue this introduction by supplying the Legal Name of the Recipient who intends to adhere to this paperwork’s conditions on the next available space in the first paragraph

2 – Detail The Recipient’s Obligations To The Company

The Recipient will agree not to compete with the Company in the same industry or field (either directly or indirectly) if the statement titled “Business Practices” is marked.

If this document is to prevent the Recipient from contacting “Client/Customers” to conduct any business like that of the Company’s, the “Clients/Customers” statement should be marked.

This contract can be used to solidify the Contract Recipient’s intent to refrain from doing business with the Company’s Competitors by marking the “General Competitors” box.

If the Company has determined that certain Competitors the Recipient must not aid in any way with Company knowledge, list them in the “Specific Competitors” statement and mark the checkbox.

The Company’s professional relationships can be considered off-limits to the Contract Recipient through this paperwork if the “Employees” checkbox is marked.

3 – A Definitive Length of Time Must Be Applied To This Agreement

Find the heading, “3. Time Period,” then fill in how many years and/or months the Recipient’s obligations to this contract will remain mandatory in the space provided. Afterward, check one of the two statements to solidify when these obligations begin. The first checkbox should be marked if these obligations begin on the Execution Date here. If not, and the Recipient’s obligations start when the Company and Recipient part, mark the second checkbox instead.

4 – The Company Can Allow A Relief In Exchange For Payment

Should the Company choose to offer the Recipient the option of paying to void the document and continue doing business as usual, check the first box and enter the amount the Recipient must pay to the company for this option onto the lines contained in this section.

If the entity would prefer not to offer any purchase options but would prefer that the recipient serve the entire time period, the second box must be checked

5 – Provide The Area Where The Recipient’s Responsibilities Will Be Upheld And Governed

The fifth section, “5. Jurisdiction,” will call for a report on where this agreement will be governed.

6 – Provide The Execution Date Then Receive Each Party’s Signature To Finalize This Document

After the Preparer has completed all of the written portions of the document he or she must then record the Date of Execution using the blanks spaces provided in “13. Entire Agreement.”

After the Execution Date has been reported, make sure each Contract Participant enters this agreement properly. In the column with the bold words “The Company,” a Signature Party acting on behalf of the Contract Company must sign his or her Name on the “Signature” line, then present his or her Printed Name and Title in the space below his or her Signature. Finally, the Company’s Signature Party must fill in the Date he or she has signed this contract on the blank space “Date.”

This agreement will also demand the Recipient’s signature to be considered a valid contract between these two parties. The Recipient will need to sign his or her Name on the blank line under the word “Recipient.” He or she will need to present his or her “Printed Name” and provide the “Date” of Signature using the next two blank lines.


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