Fillable Form Texas Non-Compete Agreement

What is the Texas Non-Compete Agreement?

The Texas Non-Compete Agreement also referred to as the Texas Non-Competition Agreement or Covenant, is an agreement between the company and the employee where the company prevents the employee to disclose their trade secrets and other business interests to their competitors.

The Non Compete Agreement Texas must be supported by consideration for it to be valid. A consideration is a present or reward in exchange for a promise. However, you must take note that there is no Non Compete Agreement Attorney Texas because attorneys are not allowed to enter into an agreement that restricts their right to practice.

You may download a PDF copy of the Non Compete Agreement Texas Template from websites that offer document templates. But you may electronically fill it out on PDFRun for your convenience.

How to fill out the Texas Non-Compete Agreement?

Provide all necessary information in the required fields. Make sure that everything you enter is true, accurate, and correct.

Owner Name

Enter the full legal name of the owner.

Street Address

Enter the complete address of the owner.

State

Enter the state the owner resides.

ZIP Code

Enter the ZIP code the owner resides.

Recipient Name

Enter the full legal name of the recipient.

Street Address

Enter the complete address of the recipient.

State

Enter the state the recipient resides in.

ZIP Code

Enter the ZIP code the recipient resides.

The owner and the recipient shall be referred to as “Parties,” and the date this Agreement is executed shall be referred to as the “Effective Date.”

1 Non-Compete

This paragraph states that the Recipient shall not provide, represent, or engage in a business similar to the nature of the owner’s business without their written consent. This paragraph states further that the Recipient shall not directly or indirectly engage in any business similar to the owner’s business, its subsidiaries, and any current or former clients or customers throughout this Agreement.

It states further that the Recipient shall not solicit any client, customer, officer, staff, or employee for the benefit of themselves or a third party that is or may be engaged in a similar business.

Nature of Business

Enter the nature of the business.

Name

Enter the name of the owner.

Duration of Agreement

Enter the duration of the agreement.

Name of Competing Business

Enter the name of the competing business.

Mile Radius

Enter the mile radius of the competing business.

Location

Enter the location.

2 Confidential Information

This paragraph defines “Confidential Information” as all technical and non-technical information provided by the business.

It shall include any data, files, reports, accounts, or any proprietary information related to products, services, processes, database, plans, methods, research, development, programs, software, authorship, customer lists, vendor lists, suppliers, marketing or advertising plans, methods, reports, analysis, financial or statistical information, or any material related or pertaining to the business, its subsidiaries, respective clients, consultants, or vendors that may be disclosed to the Recipient.

The Recipient shall not disclose, reveal, divulge, unveil, or release any proprietary or confidential information at any time, either directly or indirectly, for personal use or the benefit of any third party. The Recipient shall at all times endeavor to protect all Confidential Information belonging to the Company.

Name

Enter the name of the owner.

Name of Business

Enter the name of the business.

3 Injunctive Relief

This paragraph states that the Recipient acknowledges the following:

• The unique nature of the protections and provisions in this Agreement;
• The Company shall suffer irreparable harm if the Recipient breaches any of the said protections and provisions; and
• Monetary damages would be inadequate to compensate for the said breach.

It states further that the Company shall be entitled to injunctive relief, as well as other remedies at law or equity to enforce said provisions if the Recipient caused a breach within this Agreement.

4 Entire Agreement

This paragraph states that the Agreement shall be considered a separate and independent document that supersedes all other Agreements, and there are no other assurances or conditions in any other instrument, either oral or written, between the parties. It states further that the Agreement may be modified through a subsequent written agreement signed by both parties only.

5 Severability

This paragraph states that if any term, condition, or provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining terms, conditions, and provisions shall remain valid and enforceable.

It states further that if a court of law determines that any term, condition, or provision of the Agreement is invalid or unenforceable, but that by limiting such term, condition or provision it would become valid and enforceable, then they shall be deemed to be written, construed, and enforced as limited.

6 Waiver

This paragraph states that if any party fails to enforce any provision of this Agreement, it shall not be construed as a waiver or limitation of the party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

7 Governing Law

This paragraph states that this Agreement shall be construed under the current laws of the State of Texas. The jurisdiction and venue for any claim arising out of this Agreement shall be made in the county indicated within the State of Texas.

County

Enter the county.

Witness

Enter the full legal names of the witnesses.

Signature

Have the Recipient affix their signature.

Signature

Have the Owner affix their signature.

Date Executed

Enter the date the Recipient signed the form.

Date Executed

Enter the date the Owner signed the form.

How to file the Texas Non-Compete Agreement?

To make the Non Compete Agreement Texas enforceable, the form must be signed at the time of the employment or must be a part of the offer of employment. Second, the form must also include limitations as to the time, area, and scope of the activity. Lastly, if the signing party are physicians, they must take note of the following rules:

• They must not be denied access to a list of patients they treated within the previous year;
• They must have access to medical records of their patients with a reasonable fee; and
• The list of patients or medical records must be made in a format agreeable to both the physician and the employer.