California Non-Compete Agreement
This Non-Compete Agreement ("Agreement") is made and entered into as of [Date], by and between [Employer's Name], with a principal place of business at [Employer's Address] ("Employer"), and [Employee's Name], residing at [Employee's Address] ("Employee").
In consideration of the mutual promises and covenants herein contained, the parties agree as follows:
1. Definition of Competition
For the purpose of this Agreement, "Competition" means engaging in any business that is in direct competition with the products or services offered by the Employer.
2. Non-Competition Obligation
The Employee agrees that during the term of employment with the Employer and for a period of [Duration, e.g., “one year”] following the termination of employment, the Employee shall not engage in any form of Competition within a [Geographic Area] zone.
3. Exemptions
Notwithstanding the above:
- The Employee may own less than 5% of the equity of a publicly traded company.
- The Employee's participation in any lawful activity that is not directly competitive with the Employer’s business is permissible.
4. Consideration
In return for the Employee's covenants and agreements under this Agreement, the Employer agrees to provide the following:
- Compensation including salary and benefits.
- Access to confidential information and trade secrets.
5. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement shall remain in full force and effect.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Non-Compete Agreement as of the date first above written.
Employer Signature: _________________________
Employee Signature: _________________________
Employer Printed Name: ______________________
Employee Printed Name: ______________________