A Montana non-compete agreement is a written document in which a worker promises not to compete with an employer after the job ends. Montana law limits what a contract with a health care provider can restrict, and that rule sits in Section 28-2-724 of the Montana Code Annotated.[1] FormsPal offers a free Montana non-compete agreement template. You can fill it out online or download the PDF.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Montana law. If you notice an error or outdated information, please contact us.
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Montana's statute on this topic is Section 28-2-724 of the Montana Code Annotated. It limits what a contract with a covered health care provider can restrict after the job or partnership ends. It also lists exceptions for the sale of a practice and for certain repayment provisions.[1]
| Topic | What Section 28-2-724 says |
|---|---|
| Practice in the licensed field | A contract may not restrict the right to practice or provide services the provider is licensed for, in any geographic area and for any period. |
| Current patients | A contract may not restrict the right to treat, advise, or consult with a current patient of the employer, or to establish a provider-patient relationship with that patient. |
| Patient solicitation | A contract may not restrict the right to solicit those same patients or seek to treat them. |
| Sale of a practice | The section does not apply to a contract in connection with the sale and purchase of a practice. |
| Payback provisions | The section does not apply to repayment of money paid or advanced to a physician licensed under Title 37, chapter 3, when the payback decreases over time. |
A contract with a covered health care provider may not restrict the provider's right to practice after the job or partnership ends. The restriction cannot apply to the services the provider is licensed to give, in any geographic area or for any period.[1]
A contract that creates or establishes the terms of employment, a partnership, or any other form of professional relationship with a health care provider described in subsection (2) may not restrict the right of the health care provider, after the termination of the employment, partnership, or other form of professional relationship, to: practice or provide services for which the provider is licensed, in any geographic area and for any period
The quote refers to health care providers the statute describes. Read the statute to see which providers it covers.
The same section protects a provider's ties to current patients. After the job or partnership ends, a contract with a covered provider may not restrict the right to:
Two exceptions apply.
Most non-compete agreements are short documents with two parties: a company and a worker, contractor or partner. Companies often use a non-compete agreement to protect confidential information such as customer lists, software and business plans. The points below describe common drafting practice, not requirements taken from Montana law.
Many agreements include:
Agreements also tend to say what happens if a worker breaks the terms. People who draft them usually state that outcome in plain words.
Montana law does set a general rule for these agreements. Under Section 28-2-703 of the Montana Code Annotated, any contract by which anyone is restrained from exercising a lawful profession, trade or business of any kind is void to that extent, except as Sections 28-2-704 and 28-2-705 provide.[2]
Section 28-2-704 is the first exception. A person who sells the goodwill of a business may agree with the buyer not to carry on a similar business within the areas the section lists, as long as the buyer, or anyone who takes the goodwill from the buyer, carries on a like business there.[3]
Section 28-2-705 is the second. Partners may, upon dissolution of the partnership, agree that one or more of them will not carry on a similar business within those same areas.[4]
The FormsPal Montana non-compete agreement is a short form with blanks for the names, addresses and dates of both parties. It covers the term, a promise not to compete, a promise not to solicit, Montana governing law and the signatures. You can fill it out online or download the PDF.
Fill in the blanks in the order the form lists them, then check the boxes that fit your deal. The form has seven numbered parts after the opening paragraph, and most people finish it in one sitting. Two parts, Non-Solicitation and Limitation, have no blanks to fill.
Read the whole agreement before you put a name on it. The questions below are general drafting practice, not rules taken from Montana law. They help both the company and the worker spot gaps and agree on the terms before signing. For a specific situation, talk to a Montana attorney.
The short answer below is based on Sections 28-2-724 and 28-2-703 of the Montana Code Annotated.[1][2] Check the current text before you sign or enforce a non-compete. For a specific situation, contact a Montana attorney.
For health care providers, Section 28-2-724 sets limits. After the job ends, a contract with a covered provider may not restrict the right to practice or provide licensed services. The rule applies in any geographic area and for any period.[1] For other workers, Section 28-2-703 makes a contract that restrains anyone from a lawful profession, trade or business void to that extent, except on the sale of a business's goodwill or the dissolution of a partnership.[2]
General information, not legal or tax advice.
The Montana rules on this page come from the statutes listed below. They cover health care providers, patient care, the sale of a practice and payback provisions, and the general rule on contracts in restraint of trade with its two exceptions. Check its current version before you rely on it.
