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West Virginia Non-Compete Agreement Template

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The West Virginia Non-Compete Agreement Template has been geared to document a promise from its Recipient that he or she will not use the Confidential Information to compete with the products or services the Business issuing this document provides in the market. Furthermore, the terms can be set so the Recipient must refrain from making the concerned Business Entity’s information available to other parties (such as its competitors). This can be an invaluable precaution to take in some situations. In many cases, this is just a standard formality when a new business relationship is formed however, the terms set here are considered imperative to the Business and this agreement will call for Recipient compliance.

While West Virginia does not directly address the topic on Non-Competition in its laws or statutes, it will enforce a legal contract such as this. Some standard restrictions on what a Business Entity may require should be observed, for instance this agreement may not call for compliance indefinitely nor can it apply generally to every region in the country. That would be hurtful to the Recipient’s ability to survive. Therefore, the impositions placed upon the Recipient should be appropriate to the relationship that is being entered.

There is no statute or regulation for non-compete agreements in the state of West Virginia. The W. Va. Code  W. Va. Code §§ 47-11E-1 to 47-11E-5  governs non-compete agreements for physicians. The agreement can last no longer than 1 year in duration, and no more than 30 road miles from the employer’s primary place of practice. The non-compete is void if the employer terminates the physician’s employment.

Laws – W. Va. Code §§ 47-11E-1 to 47-11E-5

How to Write

1 – The Business Entity And Contract Recipient’s Intentions Will Be Summarized In The Introduction

The introduction located beneath the heading “1. Purpose,” shall report upon each party’s intention with this document but will require the Legal Name of each one entered accordingly.

The first space in this paragraph will accept the Business’ Name recorded in it.

The next space has been reserved for Contract Recipient’s Legal Name to be recorded

2 – Any Limitations Or Restrictions Placed Upon The Contract Recipient Must Be Strictly Defined

The primary purpose of this document will be to obtain the Recipient promise to observe the Business’ conditions for allowing its Confidential Information to be vulnerable. These conditions will need to be discussed in “2. Non-Compete/Nondisclosure.” All the possible restrictions that can be placed on a Recipient’s behavior (in relation to the Business’ information) have been divided into five categorical statements. Mark the check box preceding a statement that should be applied to the restrictions the Recipient must observe.

The first statement in this list will focus its language on the Recipient’s “Business Practices.” Check this statement, if the concerned Business wishes to gain a Recipient promise that he or she will not directly or indirectly compete with the Business’ products or services.

In the second statement, the concern will be the Business Entity’s “Clients/Customers.” If the Recipient should promise to refrain from engaging in professional relationships with the Business’ Clients or Customers in a manner that promotes competition against the Company, then mark the second check box.

The third check box shall refer to the Company or Business’ “General Competitor(s).” Here, the Business can gain a guarantee from the Recipient that he or she will not conduct any business affairs with those entities who compete with the concerned Business Entity by marking the third checkbox statement.

The next checkbox statement will deal with “Specific Competitor(s)” of the Business Entity issuing this agreement. If the Recipient is to refrain from engaging in business dealings or conducting professional relations with entities listed on the blank lines in this statement, then mark the check box preceding the bold words “Specific Competitor(s).”

The final concern shall deal with the concerned Business Entity’s “Employees.” Here, the Recipient can guarantee not to enter professional relationships with entities such as the Business’ Staff Members, Contractors, Business Partners, etc. Mark the last check box to apply the language here to the contract’s terms.

3 – Report The Determined Period Of These Conditions

This contract can obligate the Recipient to these terms for only so long before it is considered unlawful. Therefore, a specific length of time for this agreement’s Period of Effect should be provided. Enter this as a number of months or years on the blank space available in the statement beneath the heading “3. Time Period.”

After supplying the number of months or years the Recipient will be held responsible for this paperwork, a start date must be defined. To define this start date, mark one of the checkbox statements provided in this section. If the first one is marked, the Calendar Date of this paperwork’s official Execution Date will be considered the Start Date of these terms.

If the second check box statement is marked, the first Calendar Date after the Signature Party’s relationship terminates (in any way) will be the Start Date of this agreement’s Period of Effect. You may only mark one of these two statements.

The next subject this agreement must cover will be the how this agreement’s Period of Effect may terminate. One way will be at the request of and upon payment by the Recipient. If this is a consideration granted by the Business then, mark the first check box in “4. Purchase Option” then fill in with the Payment Amount the Recipient must pay on the first blank space then again, numerically, in the parentheses

If the Recipient must be held obligated to the terms listed in this paperwork for the full Period of Effect (once started), then mark the second check box.

4 – Designate The Official Jurisdiction Where These Terms Will Apply

The West Virginia Territory where the Recipient will be held in obligation to the contract terms will need to be defined on the space in “5. Jurisdiction.” You may list more than one, continuing an attachment, should more room be necessary

5 – The Execution Must Be Conducted By The Recipient And The Concerned Business

The last item “13. Entire Agreement” shall provide a statement where the Execution Date of this agreement may be properly declared. To begin, look for the “In Witness Whereof, The Parties…” statement, then enter the Calendar Day of the Month when this contract will be signed on the first blank space. On the second blank space fill in the Name of the Month. Finally, enter the Year of Execution on the last blank space in this statement.

Below the Execution Statement, in the column on the left, the Business’ Official Representative must sign the blank space labeled “Signature.” Then, he or she must use the next blank line to print out his or her Name and Title. The last item required of the Business’ Official Representative will be the Date of Signature. He or she should enter the current Date on the “Date” line immediately after supplying the previous items.

The Recipient supplying a promise to follow the terms in this paperwork must sign his or her Name on the “Signature” line in the “Recipient” column to do so. Next, the Printed Name of the Recipient must be presented. Finally, on the same day the Recipient signed this document, he or she must enter the current date on the “Date” line.