Free non-compete agreement template (Word)
A non-compete agreement between an employer and an employee: the role, what the employee receives for agreeing, a restricted period, area and type of competing business, optional pay while the restriction lasts, notice to a new employer, and a clause that narrows the restriction wherever local law limits it.
No sign-up. Your answers stay in your browser. Who it is for: Employers protecting customer relationships and confidential information in senior, sales or technical roles, in places where non-competes are allowed.
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What is in the non-compete agreement
- Parties, role and start date
- Consideration: new hire, or a benefit for a current employee
- Restricted period, geographic area and competing business
- Exceptions for small investments and non-competing roles
- Optional pay during the restriction
- Optional notice to a new employer
- Narrowing where local law limits non-competes
- Remedies and governing law
Read the full template
This is the complete wording. [Labels] are filled in from your answers, and highlighted text only appears when it applies; hover over it to see when.
NON-COMPETE AGREEMENT
This Non-Compete Agreement (the "Agreement") is made on [Agreement date] between [Employer name], [Employer address] (the "Company"), and [Employee name] (the "Employee").
1. Background and consideration
The Employee will workworks for the Company as [Employee job title] and has access to the Company's confidential information, customer relationships and goodwill. This Agreement is a condition of the Employee's employment, which begins on [Start date].In exchange for this Agreement, the Employee receives [Consideration description], which the Employee would not otherwise receive.
2. Restriction
For [Restricted months] months after the Employee's employment ends, for any reason, the Employee will not, within [Restricted area], work for, own, manage or provide services to a business that [Competing business description], in a role that is the same as or similar to the role the Employee held at the Company in the last two years of employment.
This Agreement does not stop the Employee from owning up to 2% of a publicly traded company, or from working in a role that does not compete with the Company.
For as long as the restriction applies, the Company will pay the Employee [Restriction pay amount] a month, and the restriction ends early if the Company stops paying.
3. Notice
While the restriction applies, the Employee will tell any new employer about this Agreement before starting work, and will tell the Company the name of the new employer and the role.
4. Where the law limits this Agreement
To the extent the law of the place where the Employee mainly works does not allow a restriction in this Agreement, or allows it only in a narrower form, that restriction does not apply or applies only as far as the law allows. If a court finds a restriction too broad, the parties ask the court to narrow it so that it can be enforced.
5. Remedies
A breach of this Agreement may cause the Company harm that money cannot fully repair, so the Company may ask a court for an order to stop the breach, in addition to any other remedy.
6. General
This Agreement is governed by the laws of [Governing law]. It is the entire agreement between the parties on its subject and can only be changed in writing signed by both. It does not change the at-will or other terms of the Employee's employment.
Company: ____________________________ By: [Company signatory]
Employee: ____________________________ [Employee name]
The questions you answer
Clausery turns the template into a short questionnaire. Optional parts only appear when they apply.
| Question | Type | Asked when |
|---|---|---|
| Agreement date | Date | Always |
| Employer name | Short text | Always |
| Employer address | Long text | Always |
| Employee name | Short text | Always |
| Is new hire | Yes / no | Always |
| Employee job title | Short text | Always |
| Start date | Date | If “Is new hire” is yes |
| Consideration description | Long text | If “Is new hire” is no |
| Restricted months | Number | Always |
| Restricted area | Short text | Always |
| Competing business description | Long text | Always |
| Pay during restriction | Yes / no | Always |
| Restriction pay amount | Money | If “Pay during restriction” is yes |
| Require notice to new employer | Yes / no | Always |
| Governing law | Short text | Always |
| Company signatory | Short text | Always |
How to use it
Open it
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Answer the questions
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Questions
Are non-compete agreements enforceable?
It depends on the state. California, Minnesota, North Dakota and Oklahoma ban most employee non-competes, and many other states limit them, for example by salary level. Where they are allowed, courts usually enforce only restrictions that protect a real business interest and are reasonable in time, area and scope.
What happened to the FTC ban on non-competes?
The Federal Trade Commission adopted a rule banning most non-competes in 2024, but a federal court blocked it, and in September 2025 the FTC dropped its defence of the rule. State law still decides whether a non-compete can be enforced, and the FTC can still challenge particular agreements.
Is a non-solicitation agreement a better choice?
Often. A non-solicitation agreement stops someone poaching your customers or staff without stopping them working in their field, so courts and state laws are usually more willing to enforce it. See the free non-solicitation agreement.
Is it really free?
Yes. The download is free, and filling it in with the Clausery app is free too, with unlimited documents. Library templates never count towards a plan limit, and no account or card is needed.
Is my information uploaded anywhere?
No. Clausery runs entirely in your browser. Your answers and the finished document are created and stored on your own device.
Is this legal advice?
No. These are general samples. Laws differ between countries and states, so have the wording reviewed for your situation before you rely on it.
Clauses in this template, explained
- Non-compete clause
- Governing law and jurisdiction clause
- Entire agreement clause
- Severability clause
- Amendment clause
Guide: Are non-compete agreements enforceable? The rules in 2026
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This template is a general sample and not legal advice. Laws vary by jurisdiction; have it reviewed before use.