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Montana Non-Compete Agreement Template

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The Montana Non-Compete Agreement Template supplies a method by which Companies can continue to protect their information even after the termination of a business relationship (i.e. when an Employee quits). The paperwork here will require the Recipient of information to guarantee discretion where the business’ Trade Secrets and Confidential Information are involved. Obviously, the Company dispensing information and requesting this agreement must only name terms that would be considered fair to the Recipient’s own industry goals. For example, this document’s terms should apply directly to the field of industry the Business conducts in its local geographical area for a limited amount of time as opposed to expecting all the Recipient’s experience with the concerned Business rendered unusable indefinitely. After all, while the Business must protect itself from the unfair competition, the Recipient must also be able to carry on his or her career once their relationship ends. Make sure this document is the result of a frank and logical discussion and only the terms considered fair to the situation are chosen to apply. Present the completed contract to both parties with ample time for an individual review before the signing.

Restrictions

Non-compete agreements are governed by Sections 28-2-703 to 705 of the Montana Code in the state of Montana.

noncompete agreement that is part of the sale of the goodwill of a business may be enforced if both:

  1. The buyer carries on a like business.
  2. The like business is carried on within:
    • the city or county in which the principal office of the business is located;
    • a city in any county adjacent to the county in which the principal office is located;
    • any county adjacent to the county in which the principal office is located; or a combination of any of these locations

Laws28-2-70328-2-704, and 28-2-705

How to Write

1 – Solidify The Identities And The Binding Terms Of The Contract Participants

The introduction to this contract will seek to present some detail concerning the parties signing this agreement. Supply the name of the party expecting to obtain a promise of discretion through this document on the first blank line. This party will be considered the Company. Use the next available empty space to present the Legal Name of the individual who intends to comply with the Company’s restrictions as they are listed here. This individual will be referred to as the Recipient.The next task at hand will be to positively identify each item in “2. Non-Compete/Disclosure” as either a statement included in this agreement or one that is excluded. Each checkbox statement you mark will be enforceable through this contract.  The “Business Practices” statement will concern itself with the type of affairs the Recipient conducts outside of his or her relationship with the Company. If selected, its language will bind the Recipient to avoid providing or aiding someone (or his or her own Business) in dispensing product/services like that of the Company’sThe statement “Clients/Customers” wording will prevent interactions between the Recipient and the Company’s Clients if its checkbox is marked.The “General Competitor(s)” statement can be used to restrain the Recipient from engaging in any business concerning similar products and services of the Company with any of the Company’s competitors if selected.The language making up the “Specific Competitor(s)” statement will need to be supplemented with a list of specific entities the Recipient is forbidden from engaging with by the Company if this check box statement is selected. Use the blank lines in this statement to supply such a list.The final sentence shall supply the wording required to limit the Recipient’s associations to exclude the Company’s “Employees.” Mark this last checkbox to apply its restrictions.

2 – Present The Effective Time Frame And Strength Of These Conditions

In the available space, displayed in the first statement of the section titled “3. Time Period,” record how long this contract’s terms and conditions will apply to the Recipient. Then, checkmark one of the last two statements to document when this period of Effect begins. If it begins on the Execution Date, mark the first checkbox. If it begins when the Company/Recipient relationship is over, mark the second checkbox.Some Companies may choose to allow the Recipient a chance to purchase a premature termination of these obligations. This possibility will be addressed in “4. Purchase Option.” To allow the Recipient to pay a definitive amount of money to prematurely terminate this agreement, then mark the first checkbox in this section and enter the required payment amount in the spaces requiring this information. If the Recipient will not have this as an available course of action then mark the second checkbox. Note: Report such a payment in U.S.D.

3 – Name The Government Body Where This Document Will Be Enforced

State law in Montana requires that the employer only claim limited jurisdiction where the employee must comply to these terms. Supply the limited Jurisdiction (in Montana) by listing its County or City Name, and the State on the blank space in “5. Jurisdiction.” Make sure the laws of the City or County are applicable or do not prevent this document’s execution before listing them here.

4 – Only The Participant’s Acknowledgment Signatures Can Set The Execution Of This Paperwork

The exact date when every party signs this document will be considered its Date of Execution. That is, the date when its terms are solidified and are to be followed. In “13. Entire Agreement,” we will be presented with a statement beginning with the words “In Witness…” Use the spaces displayed in this sentence to record the Calendar Date (Two-Digit Calendar Day, Month Name, Two-Digit Year) of this contract’s Execution Date. Note: The Execution Date does not start the Period of Effect unless it has been declared in “3. Time Period.” Below the “In Witness…” statement, the Signature Representative of the Company (or its Authorized Representative) will need to sign his or her Name under the bold words “The Company.”  After this task is completed the Company must present his or her Printed Name and Title on the second blank line. The Signature Representative must record the Date he or she signed this contract.The Recipient named must also present a “Signature” of Acknowledgement. This should be provided along with his or her printed name on the first two blank lines beneath the heading “Recipient.” The last line will call for the “Date” of the Recipient’s Acknowledging Signature.


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