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Massachusetts Non-Compete Agreement Template

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The Massachusetts Non-Compete Agreement Template behaves as a contract between a Business Entity who may expose its Confidential Information and the Recipient of that information. The subject matter of this paperwork will be the potential misuse of shared information resulting in unfair competition. Oftentimes when a Business Entity begins a new relationship, such as with a new staff member or employee, a legitimate concern regarding the privacy of that Business’ Information. Once the relationship between these two parties terminates, such information may be misappropriated, misused, disseminated without the Business’ approval, or even provided to a competitor. To be clear, such concern does not include what would be public knowledge or easily obtainable information by the public. The security issues at the heart of this paperwork will center along information the Recipient would not normally have access to if not for the relationship he or she has with the concerned Business Entity.

The document requires that its Recipient understands and agrees that he or she is not at liberty to share any Company Secrets, Proprietary Information, Trade Secrets, Business Tactics, etc. with the parties indicated in this contract for the applicable Period of Effect. These terms will need to be acknowledged through the Signatures of both the Business Entity and the Recipient at the start of their professional relationship (i.e. point of hiring).

Laws – None

How to Write

1 – Report The Legal Name Of Each Participant

The first section, titled “1. Purpose,” shall introduce the reason this document is being drafted and the parties participating in it. The Issuing Company must be named on the first available blank line in the statement provided. Similarly, the next available space will call for the Full Name of the Recipient. The Issuing Company will be dictating terms, in this agreement, where the Recipient will be expected to adhere to.

2 – The Company’s Requirements Of The Recipient Must Be Approved

The expectations placed on the Recipient will need to be outlined in some detail so that he or she may give an informed promise to the Company. In the following section, “2. Non-Compete/Disclosure,” a brief checklist has been supplied that will cover the five major topics pertaining to unfair competition: “Business Practices,” “Clients/Customers,” “General Competitor(s),” “Specific Competitor(s),” and “Employees.” The Recipient responsibilities to this agreement will be defined when a checkmark is placed next to one or more of these statements. Marking any box will signify its corresponding statement will be one the Recipient must uphold. It should be noted that if the Company indicates the “Specific Competitor(s)” box is checked, a list of the competitors the Recipient must avoid doing business with will need to be produced on the blank lines in this statement. Any checkbox left unmarked will be excluded from Recipient obligations.

3 – The Mandatory Period Of Effect Must Be Defined

Article “3. Time Period” requires that a report on the time period when the employee may not act against the interests of this contract be made. First, locate the empty space between the phrase “…Warrants And Guarantees” and the word “Period…” then, record how long this document will remain in effect once its terms begin on it.

Define the when this document’s effect begins by selecting one of the last two statements. You may mark the first checkbox to declare the Start Date as the Execution Date of this contract or the second checkbox to declare the Calendar Date when the Company and Recipient are no longer doing business together as the Start Date. You may only mark one of these boxes.

The option to escape the length of time stated in the third article will be discussed in “4. Purchase Option.” If the Company will hold these terms as nullified upon receiving a defined sum of money from the Recipient seeking escape, then mark the first checkbox in the fourth article, then record how much the Recipient must pay written out on the first blank line and numerically on the second blank line. If this offer is not available, checkmark the second statement in this section.
Should the company decide against offering any employee a purchase option, then the next step would be to check the second box, in section 4 which will hold the employee to the expiration of the time period

4 – The Location And Execution Date Must Be Solidified

Once the start event chosen in the third article occurs, the Recipient of this contract will be held accountable to this agreement. It will be imperative to the effectiveness of this document to record where this contract can be enforced. Supply the name of this Jurisdiction on the available blank line in the section titled “5. Jurisdiction.” Articles Six through Twelve will contain quite a bit of information that both signature parties should acquaint themselves with. The next part of this contract requiring attention will be the last article: “13. Entire Agreement.” This item will have a statement beginning with the phrase “In Witness Whereof.” Utilizing the blank spaces in this sentence, enter the Date of Execution as a Two-Digit Calendar Day on the first space, the name of the Month on the second space, and the Year on the third space.

5 – This Agreement Should Be Signed By Each Party Listed In The First Article

The individual who will act on behalf of the concerned Company and sign his or her Name to enter the Company in this agreement will need to provide his or her “Signature,” “Printed Name And Title” held with (or in) the Company.

This representative will need to also “Date” his or her Signature by documenting the current Calendar Date when signing this paperwork.  Note: This signature party must be officially authorized to sign this document by the controlling members of the Company he or she represents here.

The individual who is determined to adhere to this agreement should find the “Recipient” column then, enter this agreement by signing and printing his or her name in this column.The Recipient will also have to verify when he or she formally agreed to these terms by recording the “Date” these items were provided on the last line.