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New Mexico Non-Solicitation Agreement

A New Mexico non-solicitation agreement is a contract that establishes specific limitations on soliciting customers, clients, contractors, or employees to compete with a former employer. These contracts can exist between an employer and employee, the buyer and seller of a business, or business partners.
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Is It Legally Enforceable in New Mexico?

Yes but only if the agreement is not executed with the intention of suppressing competition. It can only establish limited requirements that are necessary in order to protect a business’s interests, confidential information, and intellectual property.[1]

Types of Solicitation to Prohibit

As long as the terms of the agreement can be proven necessary to protect the employer’s business interests, it can be used to restrict an individual from soliciting the employer’s:

  • Former or current clients
  • Former or current employees
  • Independent contractors
  • Suppliers and other associates

What to Include

A non-solicitation agreement must generally include limitations with regard to:

1. Time Restraint

This sets the length of time that the individual is bound to the terms of the agreement.

2. Geographical Restraint

The restrictions apply to a specific geographical area as stated in the agreement.

3. Specific Action

This section should define exactly what acts are prohibited as part of the agreement.

Related Forms


New Mexico Non-Compete Agreement

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New Mexico Non-Disclosure Agreement

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