New Hampshire Non-compete Agreement Template

A New Hampshire non-compete agreement is a written contract in which a worker promises not to compete with a company, or work for a competitor, for a set time. An employer often uses it to protect trade secrets and other confidential information. New Hampshire law makes a noncompete agreement between an employer and a low-wage employee void and unenforceable.[1] You can build a free non compete agreement with the builder below or download the PDF template.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current New Hampshire law. If you notice an error or outdated information, please contact us.

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What Does a New Hampshire Non Compete Agreement Cover?

A New Hampshire non-compete agreement template sets what a worker may not do for a competitor and for how long. The form puts the main terms in sections 1 to 3. You fill in the blanks and tick the boxes that match your arrangement.

Definition and Purpose

A non compete agreement is a promise not to compete. In this template, the worker, called the Agent, promises not to do business with, work for, or own part of a competing business of the Company. An employer usually has a clear purpose, such as protecting trade secrets or confidential information. An employee who understands that purpose can judge whether the restriction fits the job and the employment terms.

Timeframe and Duration

Section 1 starts the agreement on the Effective Date. It stays in effect while the person works for the company as an employee or independent contractor, and for the number of years you enter after that. The term follows the employment or contractor relationship, so it starts and ends with the working arrangement plus the extra years you choose.

Scope of the Restriction

Section 3 bars the person from doing business with, working for, or holding an interest in a competing business. The form gives you these choices:

  • Tick one box: any business in direct competition with the company, or a list of named businesses.
  • Limit the restriction to a geographic area that you describe.
  • Tick whether the restriction applies to online business by the worker.

Parties Info, Signatures, and Dates

The template names two parties and the date the agreement takes effect. The form calls the worker the Agent and the hiring business the Company. Enter each party's name and address and the Effective Date at the top of page 1.

The recitals on page 1 state that the Agent is an employee or independent contractor of the Company. The last page has a signature block for each party, with lines for By, Printed Name, and Title. Each employee or contractor should read every section of the agreement before signing. To fill in the downloaded PDF on screen, use our PDF editor.

Under Section 275:70 of the New Hampshire Revised Statutes, an employer who requires a new hire to sign a non-compete agreement as a condition of employment must give the potential employee a copy of the agreement before the employee accepts the offer of employment. A non-compete that was not disclosed this way cannot be enforced against the employee, but the other provisions, such as confidentiality, nondisclosure, trade secret and intellectual property assignment terms, remain in full force.[2]

Other Clauses in the Template

Five more sections complete the non-compete agreement. They say the form is not a contract of employment, protect the company's staff and customers, and cover general terms. They also let a court adjust a restriction that is too broad and pick New Hampshire as the governing law. These sections are already written in the template.

  • Section 2, Not a Contract of Employment. Neither the agreement nor any of its terms is a contract of employment between the parties.
  • Section 4, Non-Solicitation. During the agreement, the Agent may not lure away the Company's employees, contractors, customers, or vendors without the Company's written consent.
  • Section 5, Limitation. If a court finds a restriction unreasonable because of its length or area, the parties agree the court may reform it so that it becomes reasonable.
  • Section 6, Applicable Law. The form names New Hampshire law as the governing law. You enter the county whose state or federal court may hear a lawsuit.
  • Section 7, Miscellaneous. This section keeps the other clauses in force if one is invalid and makes the agreement the whole understanding between the parties. A later change must be in writing and signed by both the Company and the Agent.

What Does New Hampshire Law Say About Low-Wage Employees?

New Hampshire sets a limit for low-wage workers in Section 275:70-a of the New Hampshire Revised Statutes (N.H. Rev. Stat. Ann.). A noncompete agreement between an employer and a low-wage employee is void and unenforceable. No employer may require a low-wage employee to enter into one.[1]

The statute says:

A noncompete agreement entered into between an employer and a low-wage employee shall be void and unenforceable.

N.H. Rev. Stat. Ann. § 275:70-a

The statute defines a low-wage employee as an employee who earns an hourly rate less than or equal to 200 percent of the federal minimum wage.[1]

Not sure whether your terms fit the statute? Employers and employees can both ask a lawyer who handles New Hampshire non-compete agreements to review the draft before anyone signs.

Common Mistakes to Avoid

Most problems with a non-compete agreement start with a form that was filled in too fast. Check the points below before anyone signs, and keep a signed copy for each party.

  • Leaving a blank, such as the Effective Date or the number of years in Section 1.
  • Ticking boxes in Section 3 that do not match the real work or business.
  • Entering names that differ from the legal names of the Agent and the Company.
  • Signing without legal review when the restriction is broad or the employment terms are unclear.
  • Skipping a signature block, so one party never signs.

Frequently Asked Questions

The questions below cover what New Hampshire says about low-wage employees and non-compete agreements. Each answer follows the text of Section 275:70-a, so you can check it against the source. The Sources list at the end links to that official source. For your own situation, ask a New Hampshire attorney.

How does New Hampshire define a low-wage employee for a non-compete agreement?

A low-wage employee is an employee who earns an hourly rate less than or equal to 200 percent of the federal minimum wage.[1]

Can an employer require a low-wage employee to sign a non-compete in New Hampshire?

No. No employer may require a low-wage employee to enter into a noncompete agreement. A noncompete agreement between an employer and a low-wage employee is void and unenforceable.[1]

General information, not legal or tax advice.

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Sources

  1. N.H. Rev. Stat. Ann. § 275:70-a.
  2. N.H. Rev. Stat. Ann. § 275:70.
Published: Apr 1, 2022
Jennifer M. Settles
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.