Release Of Non Compete Agreement Template for Belgium

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Key Requirements PROMPT example:

Release Of Non Compete Agreement

"I need a Release of Non-Compete Agreement for our former Sales Director who is leaving amicably on January 15, 2025; we want to release them from all competitive restrictions but maintain standard confidentiality obligations."

Document background
A Release of Non-Compete Agreement is utilized when parties wish to terminate existing non-compete obligations before their natural expiration. This document is particularly relevant in situations where business circumstances have changed, the competitive landscape has shifted, or the parties have reached a mutual understanding about releasing these restrictions. Under Belgian law, such releases must carefully consider the original non-compete terms and ensure compliance with both the Employment Contracts Act and Civil Code. The document typically includes details about the original restrictions, the scope of the release, any consideration provided, and surviving obligations. It's commonly used during amicable separations, business restructuring, or when the original restrictions are no longer relevant or enforceable. The agreement should address specific Belgian legal requirements regarding the validity of contract modifications and ensure proper execution under local law.
Suggested Sections

1. Parties: Identification of the parties: typically the employer/company and the individual bound by the non-compete agreement

2. Background: Context of the original non-compete agreement, employment relationship, and reason for release

3. Definitions: Key terms used in the agreement, including reference to the original non-compete agreement and related documents

4. Release and Discharge: Core provision releasing the individual from non-compete obligations, clearly stating the scope of the release

5. Effective Date: Specification of when the release takes effect

6. Acknowledgments: Statements by both parties acknowledging the release and their understanding of its effects

7. Governing Law: Specification of Belgian law as governing law and jurisdiction

8. Entire Agreement: Confirmation that this document represents the complete agreement regarding the release of non-compete obligations

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Consideration: Details of any payment or consideration provided in exchange for the release, if applicable

2. Surviving Obligations: Specification of any obligations that survive the release (e.g., confidentiality, trade secrets)

3. Tax Provisions: Include when consideration is being provided, addressing tax implications

4. Return of Company Property: Include when there is outstanding company property to be returned

5. Mutual Releases: Include when both parties are releasing claims against each other

6. Non-Disparagement: Include when parties wish to maintain professional courtesy post-release

7. Data Protection: Include when personal data processing is involved under GDPR requirements

Suggested Schedules

1. Original Non-Compete Agreement: Copy or key terms of the original non-compete agreement being released

2. Specific Released Obligations: Detailed list of specific obligations being released, if more extensive than can be covered in main text

3. Payment Schedule: If consideration is being provided, details of payment terms and schedule

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Technology

Professional Services

Financial Services

Pharmaceuticals

Manufacturing

Consulting

Software Development

Telecommunications

Biotechnology

Research and Development

Consumer Goods

Industrial Technology

Healthcare

Energy

Relevant Teams

Legal

Human Resources

Executive Leadership

Sales

Research and Development

Product Development

Business Development

Information Technology

Operations

Finance

Compliance

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Senior Software Engineer

Research Scientist

Business Development Manager

Product Manager

Technical Lead

Managing Director

Senior Consultant

Regional Manager

Account Executive

Head of Innovation

Laboratory Director

Solutions Architect

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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