Indiana Non-compete Agreement Template

What the Indiana Non-compete Agreement Covers

The FormsPal non compete agreement Indiana form is a short contract between a worker, called the Agent, and a company. It sets how long the limits last after the job ends and what the Agent may not do. Pages 1 to 3 are the agreement itself. Pages 4 and 5 are an addendum to complete only if the Agent is a physician.

Parties, Dates, and Signatures

Page 1 names the Agent and the Company with their addresses and sets the Effective Date. Page 3 has a signature block for each side, with a printed name and a title.

Term and Non-competition Choices

Section 1 sets how long the agreement lasts. It runs through the Agent's employment or contract with the Company, plus the number of years you fill in. In Section 3 you check one box to choose who the Agent may not work for:

• any business that competes directly with the Company
• only the businesses you list

You can also limit the restriction to a geographic area you describe. A pair of boxes says whether the restriction applies to the Agent's online business.

Other Clauses in the Form

• Section 2 says the agreement is not a contract of employment.
• Section 4 bars the Agent, during the Term, from hiring or enticing away the Company's employees, contractors, customers, or vendors without the Company's written consent.
• Section 5 is a limitation clause. The parties agree that a court may reform a covenant it finds unreasonable.
• Section 6 names Indiana as the governing state and leaves a blank for the county where a lawsuit may be filed.
• Section 7 says the agreement is the whole understanding of the parties and that changes must be in writing and signed by both sides.

Information Employers Usually Want to Protect

Employers commonly use a non-compete with employees to keep information from reaching a competitor. A trade secret is a confidential plan, idea, or formula that could benefit someone else if it leaked. Common examples of sensitive information include:

• customer databases, with personal details and buying habits
• the company's inventions and unique products
• business plans, methods, and reports
• computer programs and software
• results of the company's experiments and research
• financial information
• suppliers' personal information

Employers and employees often talk through the full list of limits before they sign.

Before You Sign

Fill in every blank first. If you download the PDF, you can complete it with our PDF editor.

Talk through the terms with your employer, so you know which rights are at stake and whether the terms are fair. Ask a lawyer to read the agreement before you sign. Keep copies where you can find them. You may want to check what you agreed to before you take a new job.

Indiana Non-compete Law for Physicians

Indiana's non-compete statute for physicians is section 25-22.5-5.5-2 of the Indiana Code and the sections that follow it. The chapter applies to physician non-compete agreements first entered into on or after July 1, 2020.^[1.6] A physician non-compete agreement is enforceable only if it includes certain provisions. The statute also lists situations where the agreement is not enforceable. A primary care physician and an employer may not enter into one. Since July 1, 2025, a physician and a hospital, a hospital's parent company or affiliated manager, or a hospital system may not enter into one either, and an agreement that breaks this rule is void and unenforceable.^[1.5]

Provisions an Enforceable Physician Non-compete Must Include

To be enforceable, a physician noncompete agreement must include all of the following provisions:

• The employer gives the physician a copy of any notice about the physician's departure that was sent to a patient the physician saw or treated in the two years before the job or contract ended.
• The employer, in good faith, gives the physician's last known or current contact and location information to a patient who asks for it and who was seen or treated in that same two-year period.
• The physician gets access to, or copies of, the medical records of those patients, once the patient consents.
• The physician whose employment has ended or whose contract has expired can buy a complete and final release from the agreement at a reasonable price.
• Patient medical records may not be given to a requesting physician in a format that materially differs from the format used to create or store them in the ordinary course of business, unless both sides agree to a different format.^[1.1]

Someone who must create, copy, or transfer a patient medical record under this chapter may charge a reasonable fee. The fee must be permitted under applicable state or federal law.^[1.4]

Cases Where a Physician Non-compete Is Not Enforceable

Beginning July 1, 2023, a physician non-compete agreement is not enforceable if any of these things happens:

• The employer ends the physician's employment without cause.
• The physician ends the physician's employment for cause.
• The contract of employment has expired and both the physician and the employer have fulfilled the obligations of the contract.^[1.1]

Frequently Asked Questions

The questions below cover when a physician non-compete stops being enforceable, whether a primary care physician can sign one, and how mediation works under the statute. The answers draw on Ind. Code § 25-22.5-5.5-2 and the sections that follow it.

What voids a non-compete?

Under Indiana's physician statute, a physician non-compete agreement is not enforceable if the employer ends the physician's employment without cause. It is also not enforceable if the physician ends the employment for cause. The same is true when the contract has expired and both sides have fulfilled it.^[1.1]

What voids a non-compete agreement?

For a physician, the agreement is not enforceable if any one of these happens:

• The employer terminates the physician without cause.
• The physician terminates for cause.
• The contract has expired and the physician and employer have fulfilled its obligations.

The rule applies beginning July 1, 2023.^[1.1]

Can a primary care physician sign a non-compete in Indiana?

No. Under Section 25-22.5-5.5-2.5, a primary care physician and an employer may not enter into a noncompete agreement.^[1.2]

What are the mediation deadlines and costs?

• A party must serve a notice of intent to pursue mediation on the other party within 35 days after the physician gives the employer the required notice.
• The mediation must conclude within 45 days after the date that notice was served.
• Unless the parties agree otherwise, the cost of the mediator and any other direct costs are divided equally between them.^[1.3]

Our deadline calculator can count the days.

General information, not legal or tax advice.

Other Indiana Forms
Listed here are other Indiana forms downloaded by FormsPal users. Try out our step-by-step builder to customize these forms to your preferences.

• Indiana Last Will
• Indiana Living Will
• Indiana Small Estate Affidavit
• Indiana Bill of Sale
• Indiana Rental Lease Agreement
• Indiana Eviction Notice
• Indiana Power of Attorney

Sources

1. Ind. Code §§ 25-22.5-5.5-1 to 25-22.5-5.5-3.
   • 1.1 § 25-22.5-5.5-2
   • 1.2 § 25-22.5-5.5-2.5
   • 1.3 § 25-22.5-5.5-2.6
   • 1.4 § 25-22.5-5.5-3
   • 1.5 § 25-22.5-5.5-2.3
   • 1.6 § 25-22.5-5.5-1

Jennifer M. Settles

Author & Attorney

With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.