Restraint of Trade

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Restraint of Trade

Summary
An organisation that wishes to prevent an employee, agent or business associate from conducting business activities in competition with such organisation can make use of this Restraint of Trade.

More information

Who should use this Restraint of Trade?

If your business discloses confidential information to employees, agents or business associates, and the use of that confidential information in competition with your business could cause you to suffer loss or damage, then this Restraint of Trade can be used. 

What does the Restraint of Trade say?
The Agreement consists of:
  • The period of the restraint
  • The activities that fall under the restraint
  • The geographical areas that the restraint is applicable to
  • The damages payable in the event that the restraint is breached
What does the Restraint of Trade look like?

The agreement can be printed onto two A4 pages.

What do you need to do to use the Restraint of Trade?

Complete the agreement as indicated (eg. Fill in names, the restraint period and activities etc), sign the agreement, and get the Restrainee to sign as well.  

Caution: An unreasonably wide restraint may not be upheld. Take care to limit the restraint

Also known as:
  • Restraint Agreement
  • Restraint of Trade Undertaking
  • Restraint of Trade Agreement


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