What is a Non-disclosure, Non-compete and Non-solicitation Agreement?

A Non-Disclosure, Non-Compete, and Non-Solicitation Agreement is a legal contract between an employer and an employee that restricts the employee from disclosing confidential information, competing with the employer, and soliciting the employer's clients or employees for a specified period after the termination of employment.

This template is drafted keeping in mind general practice and legal provisions of the USA.

A high-quality draft covers, among other things, the following matters:

  • Introduction and details of the parties
  • Effective date
  • Confidential information
    • Specify the types of information considered confidential
    • Outline the obligations of the employee regarding the use and protection of confidential information
  • Non-compete
    • Define the scope of the non-compete restriction, including the duration and geographic scope
    • Specify prohibited competitive activities
    • Include exceptions to the non-compete clause, if applicable
  • Non-Solicitation
    • Prohibition on employee from soliciting the company's customers, clients, or employees for a specified period
    • Define the scope and duration of the non-solicitation restriction
  • Return of company property
  • Disclosure of any potential conflicts of interest by employee
  • Remedies
  • Governing Law and Jurisdiction details

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