Non Compete Agreement Georgia Template

Georgia Non-Competition and Non-Solicitation Agreement

Document ID: TR-NCA-GA-001 Effective Date: [____/____/2026]

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Instructions for Use

• Completion: This form is to be completed by the Company's Human Resources Department or Legal Counsel in conjunction with the hiring manager prior to or at the commencement of an employee's employment, or upon a material change in an employee's role warranting such an agreement.
• Filing & Retention: The fully executed original of this Agreement must be retained in the employee's confidential personnel file for a minimum of seven (7) years following the termination of employment. A copy should be provided to the employee.
• Mandatory Attachments: Ensure a current Job Description for the employee's position and the formal Offer Letter (if applicable) are referenced and available for context, though not necessarily attached directly to this document.

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I. Parties

This Non-Competition and Non-Solicitation Agreement ("Agreement") is made and entered into on this [______] day of [__________], [__________], by and between:

A. Company: [_________________________] (Full Legal Name of Company) a [_________________________] (e.g., Delaware Corporation, Georgia LLC) with its principal place of business at [_________________________________________________________________________] ([_________________________] City, [____] State [__________] Zip) (Hereinafter referred to as "Company").

B. Employee: [_________________________] (Full Legal Name of Employee) residing at [_________________________________________________________________________] ([_________________________] City, [____] State [__________] Zip) (Hereinafter referred to as "Employee").

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II. Recitals and Consideration

WHEREAS, Company is engaged in the business of [_________________________________________________________________________] ("Company Business").

WHEREAS, Employee will be employed by Company in the position of [_________________________], commencing [____/____/2026], and in such capacity will receive specialized training, obtain knowledge of Company's confidential and proprietary information, trade secrets, customer relationships, and strategic business plans.

WHEREAS, in consideration for Employee's employment, continued employment, access to Confidential Information (as defined below), specialized training, compensation, and other valuable consideration, the sufficiency of which is hereby acknowledged, Employee agrees to the covenants and restrictions set forth herein.

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III. Confidential Information

A. Definition: "Confidential Information" means any and all non-public information, data, or knowledge, whether tangible or intangible, which is owned, developed, or possessed by the Company and which relates to the Company Business, its clients, employees, operations, finances, marketing, or products/services. This includes, but is not limited to: trade secrets, financial information, client lists, pricing strategies, marketing plans, business strategies, technical processes, product specifications, software, research, development, and employee information.

B. Obligation: Employee acknowledges and agrees that all Confidential Information is and shall remain the exclusive property of Company. Employee shall not, during or after the term of employment, use or disclose any Confidential Information to any person or entity outside the Company, except as required by law or as expressly authorized in writing by Company.

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IV. Restrictive Covenants

Employee agrees that the following restrictive covenants are reasonable and necessary for the protection of Company's legitimate business interests, including its Confidential Information, trade secrets, goodwill, and customer relationships.

A. Non-Competition Covenant During the Restricted Period (as defined below), Employee shall not, directly or indirectly, for themselves or on behalf of any other person or entity, engage in, own, manage, operate, control, be employed by, participate in, or be connected with the ownership, management, operation or control of any Restricted Business within the Restricted Territory.

1. Restricted Period: [______] months commencing on the date of Employee's termination of employment with Company for any reason.
2. Restricted Business: Any business, enterprise, or activity that [ ] directly competes with / [ ] offers products or services substantially similar to the Company Business as conducted by Company at any time during Employee's employment. Specifically, the Company Business includes: [_________________________________________________________________________].
3. Restricted Territory: [ ] The geographical area in which Employee provided services or had a material presence or influence on behalf of the Company during the [] months preceding termination. [ ] The following specific counties/states: [_______________________________________________________________________] [ ] A radius of [______] miles from the Company's offices located at [_________________________________________________________________________] [ ] Other: [_____________________________________________________________________]`

B. Non-Solicitation of Customers/Clients During the Restricted Period, Employee shall not, directly or indirectly, solicit, divert, or attempt to solicit or divert any customer, client, or prospective client of the Company with whom Employee had material contact during the [______] months preceding Employee's termination, or about whom Employee learned Confidential Information during employment, for the purpose of providing products or services competitive with the Company Business.

C. Non-Solicitation of Employees During the Restricted Period, Employee shall not, directly or indirectly, solicit, induce, or attempt to solicit or induce any employee of the Company to leave their employment with the Company, or hire any such employee, with whom Employee had supervisory responsibility or material contact during the [______] months preceding Employee's termination.

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V. Intellectual Property Assignment (Optional)

Employee agrees to promptly disclose to Company all inventions, discoveries, designs, developments, improvements, and trade secrets (whether patentable or not) made or conceived by Employee, solely or jointly with others, during the term of employment and relating to Company's business. Employee hereby assigns to Company all right, title, and interest in and to any such intellectual property.

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VI. Remedies

Employee acknowledges that a breach of the restrictive covenants set forth in this Agreement would cause irreparable harm to Company for which monetary damages alone would not be an adequate remedy. Therefore, Company shall be entitled to seek injunctive relief, specific performance, and any other equitable relief to enforce this Agreement, in addition to any monetary damages and reasonable attorneys' fees and costs.

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VII. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. The parties agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in [_________________________] County, Georgia.

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VIII. Severability and Blue-Penciling

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect. To the extent permitted by law, the parties intend that any court or arbitrator considering this Agreement shall have the power to modify or "blue-pencil" any overly broad provision to render it enforceable rather than to invalidate it entirely.

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IX. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties regarding such subject matter.

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X. Waiver

No waiver of any breach of any provision of this Agreement shall be effective unless made in writing and signed by an authorized representative of the party granting the waiver.

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XI. Assignment

This Agreement shall inure to the benefit of, and be binding upon, the Company and its successors and assigns, and upon the Employee and Employee's heirs and legal representatives. Employee may not assign Employee's rights or obligations hereunder.

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XII. Acknowledgement

Employee acknowledges that Employee has carefully read and understands all the terms and conditions of this Agreement, that Employee has had the opportunity to consult with independent legal counsel regarding this Agreement, and that Employee is executing this Agreement voluntarily and without coercion.

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Execution and Signature Block

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

COMPANY:

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Authorized Signature

[_________________________] Printed Name

[_________________________] Title

Date: [____/____/2026]

EMPLOYEE:

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Employee Signature

[_________________________] Printed Name

Date: [____/____/2026]

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Disclaimer: This document is provided as a standardized framework. Consult qualified legal counsel for jurisdiction-specific statutory compliance.