🛡️ Non-Compete / Non-Solicitation Agreement Generator

Yes, completely free with no watermark, no signup, and no limit on how many drafts you create.

No. The entire agreement, including your logo if you add one, is built and turned into a PDF entirely inside your browser using JavaScript. Nothing is transmitted over the network.

No. This tool generates a draft document based on the information you enter. Non-compete and non-solicitation laws vary significantly by country, state, and even by industry, and many jurisdictions restrict or ban these clauses entirely. You should have any draft reviewed by a qualified lawyer in the relevant jurisdiction before using it.

A non-compete agreement is a contract clause that restricts a person, usually an employee or business seller, from working for or starting a competing business within a defined geographic area and time period after leaving a company.

A non-solicitation agreement restricts a former employee, contractor, or partner from soliciting the company's employees, clients, or vendors to leave or reduce their relationship with the company, without necessarily restricting them from working in the same industry.

A non-compete generally restricts someone from working for or operating a competing business at all within a certain area and time, while a non-solicitation agreement only restricts them from actively poaching specific employees, clients, or vendors of their former employer - it does not stop them from working in the same industry.

Under Section 27 of the Indian Contract Act, agreements that restrain a person from exercising a lawful profession, trade, or business are generally void, and Indian courts have historically held that post-employment non-compete clauses are largely unenforceable, though reasonable non-solicitation and confidentiality clauses may still be upheld. Consult an Indian employment lawyer for the current position.

California law (Business and Professions Code Section 16600) generally voids non-compete agreements against employees, with very narrow exceptions such as the sale of a business. Non-solicitation and confidentiality clauses may still be enforceable in more limited circumstances. Always confirm the current rule with a California-licensed attorney.

The U.S. Federal Trade Commission has proposed and, at various points, moved to restrict most employer-employee non-compete clauses nationwide, though the rule has faced legal challenges and its status can change. Given how quickly this area of law shifts, check the current FTC rule status and consult a licensed attorney before relying on any non-compete clause in the US.

There's no universal maximum, but courts commonly view non-compete periods of six months to two years as more likely to be considered reasonable, depending on the industry and role; overly long durations are more likely to be struck down or narrowed by a court.

A reasonable geographic scope is typically limited to the area where the company actually does business or where the employee had meaningful client contact - a worldwide or overly broad restriction for a role with only local impact is more likely to be challenged as unreasonable.

In many jurisdictions, a non-compete needs valid consideration to be enforceable - for a new hire, the job offer itself may count, but for an existing employee asked to sign later, additional consideration such as a raise, bonus, or promotion is often required for the clause to hold up.

Consequences vary by the agreement and jurisdiction but can include the company seeking a court injunction to stop the competing activity or solicitation, and/or a claim for monetary damages caused by the breach - the specific remedies available depend on what the agreement states and what a court will actually enforce.

Enforceability after a termination without cause varies widely by jurisdiction and the specific facts - some courts are less willing to enforce a non-compete against an employee who was let go through no fault of their own, while others enforce it regardless of the reason for departure. This is a key point to confirm with a local employment lawyer.

Generally, yes - because a non-solicitation clause restricts specific conduct (poaching employees or clients) rather than someone's ability to work at all, courts in many jurisdictions view non-solicitation clauses as a narrower, more reasonable restriction and are often more willing to enforce them than broad non-compete clauses.

Yes, contractors can be asked to sign non-compete or non-solicitation clauses, though courts may scrutinize them differently than employee agreements, and some jurisdictions treat contractor restrictions more strictly given the contractor's independent business status.

Garden leave is a period during a notice period where an employee is asked to stay away from work (often while still being paid) before their departure takes effect, whereas a non-compete restricts competing activity after employment has already ended. Garden leave is sometimes used as an alternative or supplement to a non-compete.

Many jurisdictions have moved to restrict or ban non-compete clauses specifically for low-wage or hourly workers, reasoning that such restrictions are rarely justified for roles without access to trade secrets or specialized client relationships. Always check current local rules before applying a non-compete to any role.

Yes, the agreement context field lets you select "Sale of Business" - note that many jurisdictions that restrict employee non-competes still allow reasonable non-compete clauses between a buyer and seller of a business, but this should still be reviewed by a lawyer given the higher stakes involved.

Yes. Many businesses use a non-compete/non-solicitation agreement together with a separate NDA and an offer letter or employment contract - this tool's confidentiality reference clause is designed to point back to any existing NDA rather than duplicate it.