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South Carolina Non-Compete Agreement Template

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The South Carolina Non-Compete Agreement Template was developed as a method to prove the Recipient’s promised intent to abide by a set of restrictions named by a Company seeking to safeguard its competitive status in the marketplace where its goods and services are provided. This security concern can arise when the Company using this contract introduces a new relationship to its Confidential Information and does not wish this information to be used as a tool of competition against it.

Once this document is presented then signed by the issuing Company and its Recipient, it can be enforced as a contractual agreement. The contents of this paperwork will make sure to provide details to how the Contract Recipient should behave after receiving the Company’s Information, how long these conditions will limit the Recipient’s behavior, and which South Carolina region(s) these impositions are applicable in.

There are no statutes or regulations that govern non-compete agreements in South Carolina. Non-compete agreements are generally disfavored in South Carolina non-competes are enforced only if they are

  1. Necessary to protect an employer’s legitimate business interest.
  2. Reasonably limited time and territory.
  3. Not unduly restrictive of the employee’s ability to earn a living.
  4. Reasonable from a public policy standpoint.
  5.    Supported by valuable consideration

Laws – None

How to Write

1 – Supplement The Introduction Statement With Some Basic Information

The first section of this agreement, “1. Purpose,” shall have wording necessary to assign the proper roles of each party and their intent but, will require the identities of the parties entering this agreement. The first party to be identified is the Company issuing this agreement. Enter its Legal Name on the first blank line.

Use the second blank line to document the Name of the Recipient of this contract. This is the party that will agree to the terms against competition imposed by the Company.

2 – Select The Non-Compete Restraints That Must Apply To This Recipient

The next area that requires direct attention is titled “2. Non-Compete/Disclosure.” Check each statement that should be included as a term in this contract and thus binding to the Recipient.

Select the “Business Practices” statement to apply language that protects the Company’s interests by limiting the Recipient’s ability to deal with the same or similar products and services.

The next statement, “Clients/Customers,” contains the wording required to prevent the Recipient from competing with the Company’s Clients for the same services and products the Company provides.

This paperwork can forbid the Recipient from aiding the Company’s Competitors when the “General Competitor(s)” checkbox is marked.

The Company can use the language in “Specific Competitor(s)” to keep the Recipient from releasing information to Competing Entities that are presented on the blank lines provided.

The Company’s “Employees” will be considered off-limits to the Recipient, when the last check box is marked

3 – Detail The Effective Time Period And South Carolina Regions Binding The Recipient

The next portion of this document, “3. Time Period,” has been supplied so that a specific length of time can be assigned to how long the restrictions selected above will remain in Effect. Enter this period of time on the blank line in this article.

The second area of this article will contain two checkbox statements. One must be selected so the Start Date of the Period of Effect can be documented and attached to the conditions above. If the Effective period begins when this document is Executed, mark the first checkbox. If the Effective Period is whatever Date the relationship between Company and Recipient ends, then mark the second checkbox.

It will be important to fully define how the conditions above may terminate. It may be entirely appropriate for the Company to allow the Recipient to buy a release from these terms. Locate “4. Purchase Option.” If the Company will accept payment from the Recipient to terminate this document at the request of the Recipient, then mark the first checkbox statement and fill in the required Dollar Amount for this payment on the blank spaces presented.

If the issuing Company intends for these terms to remain in Effect for the entire Period of Effect named in the third article, then mark the second statement in “4. Purchase Option.”

In addition to a specific time frame when the Effects of these conditions are applied to the Recipient, the South Carolina Regions where this document is Effective must also be named. Fulfill this requirement by supplying the blank line in “5. Jurisdiction” with each Jurisdiction (City, State) where this paperwork will be enforced.

4 – The Execution Of This Paperwork Must Be Documented And Verified By Signature

The final requirements to conclude this paperwork will be to officially name its Execution Date and have both Signature Parties provide their signature. This task will be addressed in “13. Entire Agreement.” To begin, use the blank spaces presented in the last statement of “13. Entire Agreement” to record this contract’s Execution Date.

The bottom left-hand portion of “13. Entire Agreement,” titled “The Company,” must have the binding Signature of the Company’s Authorized Representative supplied on the first blank line.

The second line in this area, “Print Name And Title,” shall call for the Printed Name of the Signature above it along with the role the Signature Party holds with the Company.

The final line in this portion requires the Company’s Signature Party to enter the current “Date”

The Recipient will need to tend to the “Recipient” column. This individual will formally accept the terms of this agreement once he or she signs the “Signature” line.

In addition to his or her Signature, the Printed Name of the Recipient must be shown on the second blank line.

The last line here will demand the Recipient fill in the Date he or she signed this document on it.