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Missouri Non-Compete Agreement Template

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The Missouri Non-Compete Agreement Template provides the necessary structure and language to form a contract between a Company disclosing information about its business practices and a Recipient who would gain access to this information. It should be mentioned that in the State of Missouri, this agreement may not be applicable where the Disclosing Company provides primarily only secretarial and/or clerical services. This agreement is generally considered part of the hiring process in many businesses. If this is the case, it must be presented and signed before employment occurs.

When supplementing the language presented in this template make sure all the information, especially the identity of each party, is reported accurately. Furthermore, make sure the Rules set forth for the Recipient to follow are fair to the Recipient while keeping the security concerns of the issuing Company in mind. In this way, the final paperwork will act as a legal and lawful contract.

Restrictions

Non-Compete agreements are governed by the section 416.031 of the Missouri Revisor of Statutes. Non-Compete agreements are disfavored in Missouri but are generally enforceable if they protect trade secrets or customer contacts and are reasonable in duration and geographic scope.  In the event of a breach of the non-agreement, an employer may seek relief, actual damages, lost profits, or punitive damages.

Laws416.031

How to Write

1 – Supplement The First Article With Information Regarding The Participants

The declaration in the section titled “1. Purpose” requires two submissions to validate its meaning. Submit the Full and Legal Name of the Company issuing these terms onto the first available empty space in this statement.

In addition to the Company Name, the Recipient of this contract’s Legal Name must be supplied on the second blank space. Make sure this name is entered as it appears in the full name of the employee, into the second line in the paragraph

2 – The Individual Conditions Of This Contract Must Be Selected To Apply

The items in the “2. Non-Compete/Disclosure” part of this contract has been supplied to apply various terms to this document. Each of the items provided in this section will have a checkbox and a title accompanied by a statement of restriction. It will be up to the Preparer of this document to make sure the Company’s wishes are accurately represented using this checklist. Check each statement describing a restriction the Recipient will need to obey as part of his or her responsibilities to this contract. In this way, the Recipient may be restricted regarding his or her “Business Practices,” the Company’s “Clients/Customers, the Company’s “General Competitors” and/or “Specific Competitors,” and the Company’s “Employees.”  You may check one or more of these selections, so they may be applied.

3 – This Document Needs To Be Bound To A Specific Time Period

The “3. Time Period” section will require an establishment of the time period when this document’s terms are Effective on the Recipient. Enter this time-frame in months on the blank space in the first statement. It is important to note the State of Missouri places a time limit of one year or less on Non-Compete Agreements such as this one.

Once this time frame has been named in the first statement in “3. Time Period,” the Start of this Effective Period will need to be formally declared by selecting either the first checkbox to name this contract’s Execution Date or marking the second checkbox to Name the first Date the Recipient/Company relationship ends as the Start Date.

4 – A Relief May Be Provided To The Recipient Under Some Circumstances

The “Purchase Option” plan, in “4. Purchase Option,” will enable the Recipient with a release of these terms in exchange for a definitive amount of money paid to the Company. This means the Company will release the Recipient from all his or her obligations in this contract upon payment. If this relief will be available to the Recipient, mark the first checkbox and enter the amount the Recipient must pay in the spaces provided. If such relief will not be available, then mark the second checkbox in this item.Should the employer decide against the Purchase Option, the employer would check the second box in section 4.

5 – This Paperwork Should Be Attached To The Appropriate Governing Body

The part of this document designated with the heading “5. Jurisdiction” shall demand the Name of the ruling body of Government where this contract will be enforced recorded on the blank space in the statement provided. Note: Regardless of where in Missouri this document is executed, there will be a limit of one year imposed on its Effectiveness.

6 – Every Party Making This Agreement Must Execute It On A Specific Calendar Date

Item “13. Entire Agreement,” shall conclude the required language of this contract but will need the Date of Execution reported in the “In Witness…” statement.Now that this contract has been filled out, it will be time to present it to the concerned Company’s Authorized Representative and the Contract Recipient for their Acknowledgment Signature. Make sure enough time is available for a well-done review of terms. The Authorized Representative of the Company must then Sign his or her Name on the first available line in “The Company” part of this page. In addition, he or she must Print his or her Name and immediately follow this with any Title held with the Company on the second available line. The Signature Date when these items were supplied by the Authorized Representative should be recorded by this entity on the last available space in this column.Finally, the Recipient may enter this contract by supplying his or her Signature of Acknowledgment on the blank line immediately under the word “Recipient.” This entity must then Print his or her Name on the second space in this column and record the Date of his or her Acknowledgement Signature on the last blank space.


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