Vermont Non-compete Agreement Template

Updated:

A Vermont non-compete agreement is a contract that restricts competing work. The agreement names the restricted activities, the time period and the area, and this guide explains each part. Employers use it with employees and contractors, especially those handling customer lists or trade secrets.

Vermont non-compete agreement preview

Create a free high quality Vermont Non-compete Agreement online now!

Build Your Document

Answer a few simple questions to make your document in minutes

Save and Print

Save progress and finish on any device, download and print anytime

Sign and Use

Your valid, lawyer-approved document is ready

... or download your Vermont Non-compete Agreement Template as a  PDF file

Key facts

  • What it does: the agreement limits work that competes with the company, for a set period and within a set area.
  • Who signs: a representative of the company and the employee or contractor.
  • What it includes: the restricted activities, the duration, the geographic area and what the worker receives in return.
  • Most common problem: a scope so broad that it reaches unrelated work or an unlimited area.
  • Before signing: ask a Vermont employment attorney to confirm how current law treats the agreement's terms.

What Is a Vermont Non-Compete Agreement?

A Vermont non-compete agreement is a written promise not to compete with a company for a set time, in a set area, after the work relationship ends. The form is a type of restrictive covenant, a clause in which a worker gives up a specific future activity.

The agreement has two sides. The first party is the company, signing through an owner or an authorized officer. The second party is an employee or an independent contractor.

Companies usually present the agreement at a specific moment:

  • a new hire receives a job offer
  • an employee is promoted to a role with client or pricing access
  • a contractor starts a project with access to company data
  • an owner sells a business and agrees not to open a rival one

Non-Compete vs Non-Disclosure and Non-Solicitation Agreements

A non-compete agreement limits where and for whom a person works, while a non-disclosure agreement (NDA) limits only what a person shares. A non-solicitation agreement sits between them: it bars contacting the company's clients or recruiting its staff, but leaves other work open.

DocumentWhat it limitsTypical use
Non-compete agreementCompeting work in a set area and periodKey employees, sellers of a business
Non-disclosure agreementSharing confidential informationAnyone who sees company data
Non-solicitation agreementContacting clients or hiring away staffSales and account roles

Many companies combine all three in one document. The non-compete agreement overview explains the document in general terms.

What a Vermont Non-Compete Agreement Protects

A Vermont non-compete agreement protects the company's legitimate business interests, meaning the specific assets a competitor could use against it. Intellectual property and client relationships are often worth more to a company than its equipment.

The protected information usually includes:

  • business practices and processes
  • customer and consumer lists
  • employee information and staff lists
  • products, services and pricing
  • developments, inventions and ideas
  • other information of commercial value the company names in the agreement

The agreement works best when it names the interest each restriction protects. A sales manager's restriction, for example, ties to the clients that manager served.

Key Clauses of a Vermont Non-Compete Agreement

A Vermont non-compete agreement rests on its core clauses: the restricted activities, the duration, the geographic area, the consideration and the confidentiality terms. Optional clauses, such as a buyout or non-solicitation, add detail.

Restricted Activities

The restricted activities clause lists the exact work the worker gives up, such as selling the same product line or serving the same clients. A narrow list names the company's field and the worker's own role, not a whole industry.

Duration: How Long the Non-Compete Lasts

The duration clause sets how long the restriction lasts and when it starts, usually the last day of work or the end of the contract. The agreement names a fixed period; an open-ended restriction is the most common drafting flaw.

Geographic Area

The geographic clause defines where the restriction applies, such as a town, a county, a list of counties or a radius around an office. The area matches where the company actually does business, never the whole world.

Example: "For twelve months after the Employee's last day of work, the Employee will not sell commercial HVAC services within Chittenden County, Vermont, or within twenty-five miles of the Company's Burlington office."

Consideration: What the Worker Receives

The consideration clause names what the worker receives in return for the promise, such as the job itself, a promotion, a raise, a bonus or a payment. Writing it down shows both parties what the exchange was.

Buyout Option

The buyout clause lets the worker end the restriction by paying, or receiving, a predetermined amount. The clause names the amount, who pays it and the date by which payment releases the worker.

Confidential Information

The confidentiality clause defines which information counts as confidential and keeps it private during and after the work relationship. A clear definition tells the worker exactly what to protect.

Non-Solicitation of Clients and Employees

The non-solicitation clause bars the worker from contacting the company's clients or recruiting its staff for a set period. Companies add it when client relationships matter more than the work itself.

Dispute Resolution and Severability

The dispute clause names how the parties settle a disagreement, such as negotiation, mediation or arbitration. A severability clause keeps the rest of the agreement in force if one part is struck out.

Is a Vermont Non-Compete Agreement Enforceable?

The enforceability of a Vermont non-compete agreement depends on its exact terms and the facts of each case, so this page gives no general answer. Rules on non-competes also change over time.

Before relying on an agreement, either party can take these steps:

  1. Ask a Vermont employment attorney to review the draft and confirm current law.
  2. Compare each restriction with the worker's actual role, clients and territory.

A narrow agreement is easier for both sides to understand and to follow. Each restriction ties to a named business interest, a fixed period and a defined area.

How to Fill Out a Vermont Non-Compete Agreement

A Vermont non-compete agreement is filled out party by party, clause by clause, from the names at the top to the signature lines at the end. Each step below covers one part of the form.

  1. Enter the date the agreement takes effect.
  2. Write the company's legal name, business address and the name and title of the person signing for it.
  3. Write the employee's or contractor's full legal name and home or business address.
  4. Describe the role or project the worker performs for the company.
  5. List the restricted activities in plain, specific words.
  6. Set the duration and the day it starts counting.
  7. Define the geographic area by town, county or radius.
  8. Name the consideration the worker receives.
  9. Define the confidential information the agreement protects.
  10. Add the optional clauses you need: buyout, non-solicitation, dispute resolution, severability.
  11. Check every name, address and date against each person's ID and the company's own documents.
Tip: Before you sign, check that the names, addresses and dates in the agreement match each person's ID and the company's documents.

How to Sign and Share the Agreement

A Vermont non-compete agreement takes effect when both parties sign it and date it, after each has read every clause. The steps below cover signing and sharing.

  1. Give the worker the full draft before the signing date, so there is time to read it.
  2. Answer the worker's questions and agree on any changes in writing.
  3. Sign and date the agreement, the company's representative first, then the worker.
  4. Make a signed copy for each party.
  5. Store the company's copy with the worker's personnel documents.

The clearer and simpler the agreement reads, the fewer disputes it causes later.

Common Mistakes to Avoid

A Vermont non-compete agreement fails its purpose most often through vague or overbroad wording. These are the mistakes to check for before signing:

  • no end date for the restriction
  • an area far larger than where the company does business
  • restricted activities that reach unrelated work
  • no stated consideration for the worker
  • a confidentiality clause with no definition of confidential information
  • names or addresses that differ from each person's ID
  • only one party keeping a signed copy

Frequently Asked Questions

Can an independent contractor sign a Vermont non-compete agreement?

Yes, the form names either an employee or an independent contractor as the second party. For a contractor, the agreement lists the contractor's business name and the project the restriction relates to.

Does a non-compete stop an employee from working anywhere?

No, a narrow non-compete covers only the competing activities, the period and the area it names. Other work stays open to the employee.

Can a non-compete agreement be changed after signing?

Yes, the parties change it with a written amendment that both sign and date. The amendment names the clause it replaces and the date the change takes effect.

When does the restricted period start?

The restricted period starts on the day the agreement names, usually the last day of work or the end of the contract. Writing that day into the agreement avoids a later dispute.

Who should review the agreement before signing?

The employee or contractor reads every clause before signing. Either party can ask a Vermont employment attorney to review the draft.

What should I do after both sides sign?

Give each person a signed copy and store your own copy somewhere safe. Write down the date you signed so you can find it later.

General information, not legal or tax advice.

seal of vermont state
Other Vermont Forms
Looking for other Vermont forms? We provide free forms and simple personalization experience to anyone who prefers having fewer to none troubles when facing forms.
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.