Free Printable Non-compete, Employee Form (GENERIC)

Non-compete, Employee

Non-Compete, Employee
_________________, referred to as EMPLOYEE, and _____, referred to as STATION, agree:
_________________ is employed by _____ as Announcer. EMPLOYEE and STATION acknowledge that as a result of the employer/employee relationship existing that EMPLOYEE will from time to time receive, or create confidential information related to trade secrets, future promotional plans, and that such information might be useful to competitors. The parties further acknowledge that the STATION will expend substantial resources to promote Employee’s name and that such investment would be adversely affected if EMPLOYEE engaged in competition with STATION immediately after the termination of employment.
Upon termination of employment by STATION, EMPLOYEE shall not accept employment in any capacity, act as proprietor, shareholder or act as an independent contractor for any broadcasting station located within a radius of ____ miles from the center of the city of license of the STATION, for a period of ____ days.
The parties agree that the damages, which may be suffered by STATION upon violation of this agreement, are irreparable and intangible in nature. Therefore, the parties agree that STATION shall be entitled to injunctive relief to enforce this agreement.
The parties agree that all disputes related to this agreement shall be arbitrated under the rules of the American Arbitration Association, before a single arbiter. The decision of the arbiter shall be final, and may be entered by any Court of competent jurisdiction as a final judgment.
The prevailing party in any dispute related to his agreement shall be entitled to its reasonable counsel fees.
This is the entire agreement between the parties, and this agreement may only be modified in writing executed by both parties.
Dated: ________________________________
__________________________________________________
_________________, EMPLOYEE
__________________________________________________
_________________, STATION by an authorized officer
Non-Competition Agreement
Review List
This review list is provided to inform you about this document in question and assist you in its preparation. This Non-Competition Agreement can be adapted to restrict competition with regard to industry (e.g., CD ROMs or TV Commercials) by substituting the term of art (e.g., CD ROM) for Station and making the restricted area what you wish it to be (e.g., budget CDs). This is a simple and short agreement. A longer version appears in the Business Agreement section.
This simple one is apt to be signed more readily by your talent. Be guided accordingly. If the talent wishes to change the form, do not be overly concerned by using hand written notes, adjustments, and the like. Written notes, initialed by both parties, are very powerful when brought before a court as a means to prove the parties “read” and “understood” the agreement. This fact is even more powerful in preliminary settlement talks, if litigation should occur.
1. Make multiple copies. Give one to the talent and the other for your file for the specific project. You are also well advised to keep a master list as well.
2. When getting this signed, you may want to have other signed copies from other people to demonstrate to the talent that this is standard and usual, as opposed to them being picked on, and so forth.
3. If you are the talent, be sure the restrictions are not serious and overly broad. If not, signing the agreement cheerfully will endear you to the company.

Frequently Asked Questions

What is a non-compete agreement for an employee?

A non-compete agreement for an employee is a contract in which the employee agrees not to compete with the employer after the employment ends. In the provided article, the employee, an Announcer, agrees not to accept employment, act as proprietor, shareholder, or independent contractor for any broadcasting station within a specified radius of the station's city of license for a set period after termination. The agreement is intended to protect the station's confidential information and promotional investments.

Why do broadcasting stations use non-compete agreements for announcers?

Broadcasting stations use non-compete agreements for announcers to protect confidential information such as trade secrets and future promotional plans that the announcer may receive or create during employment. The agreement also acknowledges that the station expends substantial resources to promote the announcer's name, and that this investment would be adversely affected if the announcer engaged in competition immediately after termination. By restricting post-employment competition, the station aims to safeguard its competitive position.

What restrictions does a non-compete clause place on an announcer after leaving a station?

After termination of employment by the station, the announcer is prohibited from accepting employment in any capacity, acting as proprietor, shareholder, or independent contractor for any broadcasting station located within a specified radius from the center of the city of license of the station. This restriction lasts for a specified number of days. The exact radius and duration are left blank in the agreement and must be filled in by the parties.

How long does a non-compete agreement last for an announcer?

The duration of the non-compete agreement for an announcer is a specified number of days following termination of employment by the station. The exact number of days is not fixed in the provided article; it is represented by a blank to be completed by the parties. Therefore, the length can vary depending on what the parties agree upon.

What geographic area does a non-compete agreement cover for a broadcasting employee?

The geographic area covered by the non-compete agreement is a radius of a specified number of miles from the center of the city of license of the station. The exact mileage is left blank in the agreement and must be determined by the parties. This means the restriction applies only within that defined radius, not beyond it.

What types of confidential information are protected by a non-compete agreement for an announcer?

The non-compete agreement protects confidential information related to trade secrets and future promotional plans. The agreement acknowledges that the announcer may receive or create such information as a result of the employment relationship. This information is considered potentially useful to competitors, which is why the non-compete is put in place.

What does the station invest in that justifies a non-compete agreement?

The station invests substantial resources to promote the announcer's name. The agreement states that this investment would be adversely affected if the announcer engaged in competition with the station immediately after termination of employment. This promotional investment is one of the reasons the station seeks a non-compete agreement.

What are the consequences of violating a non-compete agreement for an announcer?

The agreement states that the damages which may be suffered by the station upon violation are irreparable and intangible in nature. However, the provided article does not specify the exact legal consequences or remedies beyond this acknowledgment. It is implied that the station may seek legal relief, but the text is cut off before detailing the agreed remedies.

Can an announcer work for another station within the restricted area after leaving?

No, the agreement prohibits the announcer from accepting employment in any capacity, acting as proprietor, shareholder, or independent contractor for any broadcasting station within the specified radius of the station's city of license. This restriction applies for the specified number of days after termination of employment by the station. Therefore, the announcer cannot work for a competing station in that area during that period.

What roles are prohibited for an announcer under a non-compete agreement?

Under the non-compete agreement, the announcer is prohibited from accepting employment in any capacity, acting as a proprietor, shareholder, or independent contractor for any broadcasting station within the restricted area. This means the announcer cannot work as an employee, owner, investor, or freelancer for a competing station. The prohibition covers a broad range of roles to prevent competition.