Anyone have a non-compete agreement I can use?
- Thread starter sasquatch
- Start date
LOL. Dude have a lawyer draft one up. If the shit hits the fan and you actually have to go to court do you want a "template" contract protecting your ass?
I have only been to court once in my life over a contract dispute and my lawyer shredded their contract in court. It was some cookie cutter shit they dug out of one of those "Family Lawyer" softwares you see for $0.49 at best buy.
I have only been to court once in my life over a contract dispute and my lawyer shredded their contract in court. It was some cookie cutter shit they dug out of one of those "Family Lawyer" softwares you see for $0.49 at best buy.
Never use template agreements, for the reason stated above. Unless you're a lawyer, you probably won't understand it enough to spot any problems with it.
Do one of the following:
1. Pay a lawyer to draft one up.
or, if you can't afford/don't want to
2. Write your own in plain english, using simple bullet points
Remember that the primary purpose of a contract is to avoid disputes, not just to "stand up in court". By spelling out exactly what your guy can and cannot do in a way you both understand, that's a lot more likely.
Plus (and I speak only from my knowledge of English courts here), a judge is likely to give more sympathy to you as a layperson with a plain-english agreement than with something which is in badly drafted, hacked-up legalese. Let's be realistic. If you're not in a position to pay to get an agreement done now, you sure as hell won't be able to sue him later, because suing normally costs at least 50-100x as much as getting the contract done.
Do one of the following:
1. Pay a lawyer to draft one up.
or, if you can't afford/don't want to
2. Write your own in plain english, using simple bullet points
Remember that the primary purpose of a contract is to avoid disputes, not just to "stand up in court". By spelling out exactly what your guy can and cannot do in a way you both understand, that's a lot more likely.
Plus (and I speak only from my knowledge of English courts here), a judge is likely to give more sympathy to you as a layperson with a plain-english agreement than with something which is in badly drafted, hacked-up legalese. Let's be realistic. If you're not in a position to pay to get an agreement done now, you sure as hell won't be able to sue him later, because suing normally costs at least 50-100x as much as getting the contract done.
The longer the noncompete is setup for the less likely it will be to be enforced. 6 months to a year tops. The courts are also looking for very specific language. So if you say bob cant work in the computer field you will more then likely get laughed at in court. The other area where people get in trouble w/ these agreements are with distances ie... you cant work for another firm within 100 miles
A non-compete is worth exactly the amount you are willing to spend to enforce it, and not a penny more. It's value as a restrictive instrument varies widely depending on who is entering into it.
FriendDA
This agreement is entered into this ___ day of ___ 20__ by and between _____________ (hereinafter "The Advisor") and _____________ (hereinafter "The Keeper of the Idea" or "I") regarding information The Keeper of The Idea is choosing to share with The Advisor (hereinafter "The Idea").
WHEREAS I possess a bright idea that I am choosing to disclose to you, The Advisor, with the mutual understanding that you are my friend and that you will not screw me.
Manners of screwing include, but are not limited to:
Adapting some or all of The Idea for your own purposes.
Choosing to share some or all of The Idea with those who are not bound to this agreement.
Failing to do your best to protect The Idea.
This is a "warm blanket" agreement with which, by requesting your agreement to it, I am helping myself sleep at night by placing a small amount of formality on the sharing of The Idea. I believe The Idea will only improve as a result of having solicited your honest and clear feedback.
Term
The term of this agreement shall continue until The Idea is no longer confidential.
Breach
This agreement has absolutely no legal binding. However, upon breach or violation of the agreement, I will feel free to do any of the following:
Curse you under my breath.
Publicly disclose the manner of your screw-i-tude.
Write about your transgressions in ALL CAPS.
No longer consider you a person with whom I can share my ideas.
Sharing
Sharing of some or all of The Idea with third parties may occur provided that you have cleared this with me and the third parties agree to the principles of the FriendDA.
Termination
Termination of this FriendDA can be executed by either party, but don't be a douche.
You are acknowledging and agreeing to this disclosure by reading it. If you find any part of this agreement uncomfortable or confusing, don't sweat it. We'll talk about something else.
This agreement is entered into this ___ day of ___ 20__ by and between _____________ (hereinafter "The Advisor") and _____________ (hereinafter "The Keeper of the Idea" or "I") regarding information The Keeper of The Idea is choosing to share with The Advisor (hereinafter "The Idea").
WHEREAS I possess a bright idea that I am choosing to disclose to you, The Advisor, with the mutual understanding that you are my friend and that you will not screw me.
Manners of screwing include, but are not limited to:
Adapting some or all of The Idea for your own purposes.
Choosing to share some or all of The Idea with those who are not bound to this agreement.
Failing to do your best to protect The Idea.
This is a "warm blanket" agreement with which, by requesting your agreement to it, I am helping myself sleep at night by placing a small amount of formality on the sharing of The Idea. I believe The Idea will only improve as a result of having solicited your honest and clear feedback.
Term
The term of this agreement shall continue until The Idea is no longer confidential.
Breach
This agreement has absolutely no legal binding. However, upon breach or violation of the agreement, I will feel free to do any of the following:
Curse you under my breath.
Publicly disclose the manner of your screw-i-tude.
Write about your transgressions in ALL CAPS.
No longer consider you a person with whom I can share my ideas.
Sharing
Sharing of some or all of The Idea with third parties may occur provided that you have cleared this with me and the third parties agree to the principles of the FriendDA.
Termination
Termination of this FriendDA can be executed by either party, but don't be a douche.
You are acknowledging and agreeing to this disclosure by reading it. If you find any part of this agreement uncomfortable or confusing, don't sweat it. We'll talk about something else.