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Non Disclosure Non Competition Agreement

Non Disclosure Non Competition Agreement Template for United States

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Key Requirements PROMPT example:

Non Disclosure Non Competition Agreement

"I need a Non Disclosure Non Competition Agreement for a senior software developer joining my tech startup in March 2025, with specific protection for our AI algorithms and a non-compete restriction covering the West Coast states for 12 months after employment ends."

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Document background
The Non Disclosure Non Competition Agreement is a crucial legal instrument used in the United States business environment to protect organizational interests. This document serves two primary purposes: safeguarding confidential information and preventing unfair competition from former employees or contractors. It is particularly relevant in states that permit non-compete provisions, though enforcement varies significantly by jurisdiction. The agreement typically includes detailed provisions about what constitutes confidential information, the scope of competitive restrictions, geographic limitations, and duration of obligations. It's essential for businesses with valuable trade secrets, client relationships, or proprietary information that requires protection from competitive use.
Suggested Sections

1. Parties: Identification of all parties to the agreement

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Confidentiality Obligations: Core confidentiality requirements and restrictions

5. Non-Competition Provisions: Scope, duration, and geographic limitations of non-compete

6. Term and Termination: Duration of agreement and termination conditions

7. Return of Confidential Information: Requirements for returning or destroying confidential information

Optional Sections

1. Non-Solicitation: Restrictions on soliciting employees or customers, used when protecting customer relationships or workforce stability is crucial

2. Intellectual Property Rights: Ownership and protection of IP, used when IP creation or transfer is involved

3. Dispute Resolution: Arbitration or mediation procedures, used when specific dispute resolution mechanisms are desired

4. Survival Clause: Provisions that continue after termination, used when certain obligations should continue post-termination

Suggested Schedules

1. Schedule of Confidential Information: Detailed list of protected information

2. Geographic Restriction Schedule: Specific territories covered by non-compete

3. Competitor List: Identified competitors subject to restrictions

4. Permitted Disclosures: Pre-approved exceptions to confidentiality obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Clauses



























Industries

State-Specific Laws: State-by-state variations in non-compete enforcement, including complete prohibition in some states like California. Must consider state-specific requirements for reasonable scope, duration, and geographic limitations.

Federal Trade Secrets Laws: Key federal legislation including the Defend Trade Secrets Act (DTSA) of 2016 and the Economic Espionage Act, which provide framework for trade secret protection.

Employment Laws: Federal and state employment regulations including Fair Labor Standards Act (FLSA) and National Labor Relations Act (NLRA) that impact employment relationships and restrictions.

FTC Proposed Regulations: Federal Trade Commission's proposed rule from January 2023 to ban non-compete clauses, requiring monitoring of current regulatory status.

Contract Law Principles: Fundamental contract law requirements including consideration, proper contract formation, and enforceability standards that must be met.

Industry-Specific Regulations: Specific requirements and restrictions for different sectors including healthcare, financial services, and technology industries.

Constitutional Considerations: Constitutional implications including First Amendment rights, right to work laws, and interstate commerce considerations that may affect agreement enforcement.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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