Blank Non-compete Agreement Template for the State of Minnesota

Minnesota Non-Compete Agreement Template

This Non-Compete Agreement (the "Agreement") is made and entered into on this _____ day of __________, 20____, by and between _______________________ (the "Employee") and _______________________ (the "Employer"), collectively referred to as the "Parties."

WHEREAS, the Employee agrees to not engage in or start a competing business or work for a competing business within a specific geographic area and time frame after the termination of their employment with the Employer; and

WHEREAS, the Employer desires to protect its legitimate business interests, including but not limited to its confidential information, trade secrets, customer relationships, and goodwill, in accordance with the Minnesota Uniform Trade Secrets Act (Minn. Stat. §§ 325C.01 to 325C.08) and relevant Minnesota case law concerning non-compete agreements;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Non-Compete Obligation: The Employee agrees that during the term of employment and for a period of _____ years/months following the termination of employment, regardless of the reason, the Employee will not directly or indirectly engage in any business that is in competition with the business of the Employer within a geographic area of _____ miles from the Employer's primary place of business located at ____________________________.
2. Non-Solicitation: The Employee agrees that during the term of employment and for a period of _____ years/months following the termination of employment, the Employee shall not solicit or entice away from the Employer any customer or client of the Employer or attempt to do so.
3. Confidentiality: The Employee acknowledges that during the employment, the Employee will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records, and specifications owned or licensed by the Employer and/or used by the Employer in connection with the operation of its business including, without limitation, the Employer's business and product processes, methods, customer lists, accounts, and procedures. The Employee agrees to keep all such information confidential and not to disclose it to any third party without the prior written consent of the Employer.
4. Return of Property: Upon termination of employment, the Employee agrees to immediately return all property of the Employer, including but not limited to documents, equipment, and electronic data, to the Employer.
5. Enforcement: In the event that any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable while preserving its intent or severed from this Agreement if it cannot be so modified, and the remaining provisions 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 Minnesota, without regard to its conflict of laws principles.
7. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, both written and oral.

The Parties have executed this Non-Compete Agreement as of the date first above written.

EMPLOYEE: ________________________________________

EMPLOYER: ________________________________________