This is a non-competition agreement between a company and a corporation. The company agrees not to use divulge, furnish or make accessible to any third person or organization any confidential or proprietary information pertaining to the formation and business plans of the company and the transactions contemplated in connection therewith, or confidential or proprietary information concerning the company or its business or operations which information is not in the public domain, and which information is developed by or comes into possession of the company.
Indiana Sample Noncompetition Agreement between The MarketLink Group, Ltd., and On Site Media, Inc.
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US-C-12-2315
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FAQ
In general, Indiana courts disfavor non-compete agreements because they can be seen as a restraint on trade. However, non-compete agreements meeting a two-prong test can be, and often are, enforceable.
Indiana courts will not enforce a non-compete unless its restrictions are reasonable in scope as to time, activity, and geographic area restricted. Depending on the language of your non-compete agreement, you may be able to challenge the reasonableness of the terms.
In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.
After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.
Key TakeawaysA non-compete agreement legally binds a current or former employee from competing with an employer for some period of time after employment ceases.Under such an agreement, the employee must not reveal any trade secrets learned during employment.More items...
A standard non-compete agreement is a formal agreement between an employer and employee that states that the employee will not engage in any employment activities that are in competition or conflict with their primary job.
Here are five ways to beat a non-compete agreement.Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...
After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.
I agree that during the Non-Compete Period, I will not directly or indirectly (i) induce or attempt to induce any employee, contractor or agent of any of the Companies to terminate his/her relationship with any of the Companies, (ii) in any way materially interfere with the relationship between any of the Companies and
Generally, Indiana courts don't look favorably on non-compete contracts. The employer has the burden of proof, meaning they must show the court that the agreement is enforceable. The court may find a contract to be completely void or may hold both parties to a modified version.
