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Release Of Non Compete Agreement for the United States

Release Of Non Compete Agreement Template for United States

A Release of Non-Compete Agreement is a legal document used in the United States to formally terminate and release an employee from their non-compete obligations previously established with their employer. The document's requirements and enforceability vary by state, with some jurisdictions having specific requirements or restrictions. This agreement provides legal certainty to both parties and typically includes details about the original agreement, the scope of the release, and any surviving obligations.

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Release Of Non Compete Agreement

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What is a Release Of Non Compete Agreement?

A Release Of Non Compete Agreement is utilized when an employer wishes to formally discharge an employee from previously established non-compete restrictions. This document is particularly relevant in the United States, where non-compete agreements are governed by state law and vary significantly by jurisdiction. It's commonly used during employee departures, business acquisitions, or when market conditions make the original restrictions unnecessary. The release should clearly identify the original agreement, specify the scope of the release, and address any surviving obligations such as confidentiality or intellectual property rights.

What sections should be included in a Release Of Non Compete Agreement?

1. Parties: Identification of the employer and employee/former employee

2. Background: Reference to original non-compete agreement and circumstances leading to release

3. Definitions: Key terms used in the agreement

4. Release Statement: Clear statement releasing the employee from non-compete obligations

5. Effective Date: When the release becomes effective

6. Signatures: Execution blocks for all parties

What sections are optional to include in a Release Of Non Compete Agreement?

1. Surviving Obligations: Any obligations that continue despite the release (e.g., confidentiality)

2. Consideration: Any payment or benefit provided for the release

3. Mutual Releases: Reciprocal releases between parties

4. Geographic Scope: Specific territories covered by the release

What schedules should be included in a Release Of Non Compete Agreement?

1. Original Non-Compete Agreement: Copy of the agreement being released

2. List of Surviving Obligations: Detailed list of any continuing obligations

3. State-Specific Provisions: Any state-required language or disclosures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Clauses




















Industries

State-Specific Laws: Non-compete laws vary significantly by state, with some states like California largely prohibiting non-competes, while others have specific requirements for enforceability. Recent state-level reforms limiting non-compete agreements must be considered.

Federal Laws and Guidelines: Consider Federal Trade Commission (FTC) proposed rule to ban non-compete clauses, antitrust considerations, and relevant employment law principles.

Consideration Requirements: Evaluate whether new consideration is needed for the release and verify the validity of the original consideration in the non-compete agreement.

Contract Law Principles: Ensure compliance with general contract formation requirements, including mutual assent, capacity of parties, and clear and unambiguous terms.

Employment Law: Address impact on existing employment relationship, wage and hour laws, and employee classification considerations.

Industry-Specific Regulations: Consider special rules for certain professions including healthcare, broadcasting, and technology sector-specific requirements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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