Valid South Dakota Non-compete Agreement Document

South Dakota Non-Compete Agreement Template

This Non-Compete Agreement (hereinafter referred to as the "Agreement") is made and entered into on this ______ day of ________________, 20____ (the "Effective Date"), by and between _________________________ (hereinafter referred to as the "Employer"), with its principal place of business located at __________________________________________________, and _________________________ (hereinafter referred to as the "Employee"), whose address is ___________________________________________________________.

WHEREAS, the Employer is engaged in the business of ___________________________________, and

WHEREAS, the Employer wishes to protect its legitimate business interests, including but not limited to its confidential information, trade secrets, and business relationships, through the imposition of certain restrictions on the Employee as set forth in this Agreement;

WHEREAS, the Employee acknowledges the reasonableness of and necessity for such restrictions to protect the Employer’s legitimate business interests; and

WHEREAS, the Employee agrees to be bound by these restrictions as a condition of their employment with or provision of services to the Employer;

NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Scope of Restriction: The Employee agrees that during the term of employment and for a period of ___________ [insert duration, e.g., one year] following the termination of employment, regardless of the cause of termination, the Employee will not directly or indirectly engage in any business that competes with the Employer within the following geographic area: ________________________________ [insert geographic area].
2. Non-Solicitation: The Employee further agrees that during the term of employment and for a period of ___________ [insert duration] following the termination of employment, the Employee will not solicit or attempt to solicit any business from, sell to, or interfere with any business relationship between the Employer and any of its clients, customers, or suppliers who were contracted during the term of the Employee’s employment.
3. Confidentiality: The Employee agrees to maintain the confidentiality of all confidential information and trade secrets of the Employer during and after the term of employment and will not use or disclose such information except as required in the course of employment with the Employer or with the prior written consent of the Employer.
4. Return of Property: Upon the termination of employment, for any reason, the Employee shall return to the Employer all documents, records, files, equipment, and other property belonging to the Employer.
5. Remedies: The Employee acknowledges and agrees that any breach of this Agreement could result in substantial and irreparable harm to the Employer for which monetary damages might not be an adequate remedy. Accordingly, in addition to any other remedies it may have, the Employer shall be entitled to seek injunctive relief to enforce the provisions of this Agreement.
6. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. Any disputes under this Agreement will be resolved in the state or federal courts of South Dakota, which shall have exclusive jurisdiction.

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

EMPLOYER:

By: ___________________________________________________________

Name: _________________________________________________________

Title: __________________________________________________________

EMPLOYEE:

Signature: ______________________________________________________

Print Name: _____________________________________________________