The Mississippi Non-Compete Agreement Template offers a variety of conditions a Business may impose on another party regarding the access or receipt of any of its Confidential Information. Such agreements are commonplace in the market especially when the Company hires a new employee. While the State of Mississippi does not have any statutes directly addressing the subject of unfair competition, this agreement will specifically name what a Recipient can be held liable for. That is, once it is signed it will act as a tool to protect against the potentially unauthorized dissemination of the Company’s Confidential Information by the Recipient. This can only be the case if this contract is supplemented with the situation-specific information it requires and presented to both signature parties at the start of the professional relationship between these two entities. Furthermore, the terms it contains must be fair and legal and each party they concern must sign the paperwork to execute the agreement.
There is no statute or regulation that governs non-compete agreements in the state of Mississippi. Mississippi generally disfavors non-compete agreements but will enforce a fair and well-developed contract that has been acknowledged and signed in good faith.
Laws – None
How to Write
1 – The Parties Entering This Agreement Should Be Solidified
This agreement will be made between two separate parties. The Company, whose name you will provide on the first blank line in “1. Purpose,” will seek to limit or even restrict the Recipient’s behavior through this document. The Recipient is the individual who will promise to comply with the Company’s expectations listed in this agreement will also need to be named. This should be done on the second blank line in “1. Purpose.”
2 – The Terms Of This Agreement And Its Effective Period Must Be Clearly Established
In addition to naming each party in its appropriate role, we must also make sure the terms of the agreement between the two is defined well enough to leave no question as to the Contract Recipient’s responsibilities. This task will be tended to in “2. Non-Compete/Disclosure.” Several topics regarding the subject of competition will be covered through a list of statements in this section. You will need to mark the checkbox to include its corresponding statement as a term in this contract.
Find the first checkbox (titled “Business Practices”). This statement requires the Contract Recipient to limit his or her behavior to avoid competing with the Company in supplying the same or similar services or products the Company does. Check this box if this language should be included in the current agreement.
We will also need to indicate the Company’s stance when it comes to its Clients or Customers. If the Company has determined the Recipient should not engage in any kind of similar business with its Clients, then mark the “Clients/Customers” box.
The next two statements will both relate to the same topic and you may check one, both, or neither of these restrictions depending upon any preferences the Company holds regarding the Contract Recipient’s relations with its Competitors. The first topic (“General Competitor(s)”) will declare that the Recipient may not deal with the Company’s Competitors when it is marked.
The next topic (“Specific Competitor(s)”) will need some extra attention, if it is marked and should be included in these terms, the Company will indicate it has a list of other entities it competes against that it does not want the Recipient to do business with. Make sure to provide this list in the available space of this statement when imposing this statement.
The final topic is the Company’s “Employees.” This statement enables the Company’s use of this contract to prevent its Recipient from conducting business with any of its employees, staff, partners, agents, etc. when it is check marked.
For any of these terms to be applied to the Recipient fairly, a definitive length of time for how long they will be Effective must be detailed. Supply this time-frame as years and months on the blank space in “3. Time Period.” The event that will cause this document to go into Effect and thus, stay in Effect for the length of time listed above will need some definition. Additionally, you must check one of the last two statements to indicate what this event is so a Start Date may be assigned. You may choose either the Execution Date of this document or the Termination Date of the Company/Recipient’s professional relationship by marking the first or second checkbox statement respectively.
In some instances, a Company may consider the Period of Effect nullified, should the Recipient be willing to forfeit a determined sum of money. If this is such a preference, checkmark the first statement under the heading “4. Purchase Option,” then document the expected payment amount using the available blank spaces. If no such consideration will be made, then mark the second statement in this section.
3 – This Agreement’s Location Of Effect And Execution Date Both Require Definition
To continue our preparation of this agreement, we will need to specifically name the location(s) where it will be enforced. Typically, this will be the State it is being executed in but in most cases, there is a need to identify individual local governments (i.e. if the concerned Company has a small or limited area of business). In the section bearing the title “5. Jurisdiction” supply the location(s) of this contract’s effect on the blank space provided.
The next article that we must tend to will be “13. Entire Agreement.” Supply the Date when both parties will sign this agreement and therefore apply its obligations and protections to the participants utilizing the statement “In Witness Whereof…”. Three blank spaces have been supplied to accept the Calendar Day, Month, and Year of the Execution Date.
4 – The Concerned Company And Contract Recipient Must Both Play A Part In This Contract’s Execution
This agreement will not go into effect, regardless of its contents, unless both the parties involved in it sign it. The Company’s Authorized Representative must supply his or her Signature, Printed Name, Title, and Signature Date using the three available spaces in the column marked “The Company.”
The Recipient of this agreement must, similarly, present his or her Signature, Printed Name, and Signature Date in the column marked “Recipient.” He or she should use the blank spaces labeled “Signature,” “Print Name,” and “Date” to satisfy these requirements.
