Content Overview
The New Hampshire Non-compete Agreement form plays a crucial role in defining the boundaries of employment relationships, particularly for businesses seeking to protect their proprietary interests. This form outlines the terms under which an employee agrees not to engage in competitive activities within a specified geographic area and time frame after leaving the company. Key aspects include the duration of the restriction, the scope of prohibited activities, and the geographic limitations that apply. Additionally, the agreement must be reasonable in its terms to ensure enforceability under New Hampshire law. Employees should be aware of their rights and obligations, as well as the potential implications of signing such an agreement. Understanding these elements is vital for both employers and employees to navigate the complexities of non-compete clauses effectively.
New Hampshire Non-compete Agreement Sample
New Hampshire Non-Compete Agreement Template
This Non-Compete Agreement (the "Agreement") is executed on the ____ day of ___________, 20__, ("Effective Date") by and between ________________________ ("Employee") and ________________________ ("Employer"), collectively referred to as the "Parties". The Parties agree to comply with the terms set forth herein in consideration of the mutual covenants, and for other good and valuable consideration, the adequacy of which is hereby acknowledged. This Agreement is governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Terms and Conditions
1. Purpose. The Employee agrees that in the course of employment, they may be exposed to or acquire proprietary information or trade secrets belonging to the Employer. The purpose of this Agreement is to prevent the Employee from using or disclosing such information for their own benefit or for the benefit of others, except as authorized by the Employer.
2. Non-Compete Clause. The Employee shall not, without prior written consent of the Employer, directly or indirectly, engage in, contribute to, or become involved with any business that is in direct competition with the principal business of the Employer or any of its subsidiaries or affiliates. This restriction applies in New Hampshire and any other geographical area where the Employer does significant business, for a period of ___________ following the termination of the Employee's employment, whether such termination is voluntary or involuntary.
3. Non-Solicitation. For a period of ___________ after the termination of employment, the Employee agrees not to solicit or induce any employee of the Employer to terminate their employment with the Employer, nor shall the Employee solicit or take away any of the Employer’s clients or customers, directly or indirectly.
4. Confidentiality. During the period of employment and thereafter, the Employee shall not disclose any confidential information concerning the business or affairs of the Employer to any third party without the prior written consent of the Employer, except as required by law or in connection with any judicial proceeding.
5. Return of Property. Upon the termination of employment, for any reason, the Employee shall return to the Employer all property, equipment, documents, and proprietary information belonging to the Employer or related to its business.
6. Remedies. In the event of a breach or threatened breach by the Employee of the provisions of this Agreement, the Employer is entitled to seek specific performance and injunctive relief, in addition to any other remedies available at law or in equity.
7. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral.
9. Amendment. This Agreement may only be amended or modified by a written document executed by both the Employee and the Employer.
10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.
11. Acknowledgment. The Employee acknowledges that they have read and understand this Agreement and voluntarily agree to its terms and conditions.
Signatures
Employee Name: ___________________________________
Employee Signature: _______________________________ Date: _______________
Employer Name: ___________________________________
Employer Signature: _______________________________ Date: _______________
PDF Specs
| Fact Name | Description |
|---|---|
| Governing Law | New Hampshire law governs non-compete agreements under RSA 275:70. |
| Reasonableness Requirement | Non-compete agreements must be reasonable in scope, duration, and geographic area to be enforceable. |
| Employee Protections | Employees cannot be restricted from working in their chosen profession unless there is a legitimate business interest at stake. |
| Time Limits | Typically, a non-compete agreement should not exceed one year in duration to be considered reasonable. |
| Written Agreement | A non-compete must be in writing and signed by both parties to be enforceable in New Hampshire. |
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