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Georgia Non-Compete Agreement Template

Georgia's Restrictive Covenants Act limits who can sign a non-compete in the first place: generally sales employees, managers, key employees and professionals, not rank-and-file workers. In exchange, the law offers clear guideposts, including a two-year presumption of reasonableness for employee restrictions, and lets courts blue-pencil overbroad terms instead of voiding them.

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Georgia rules to know

  • Only certain employees can be bound

    Under Georgia's Restrictive Covenants Act, non-competes generally may be used only with sales employees, managers, key employees and professionals, not with ordinary rank-and-file workers. The Act applies to agreements made on or after May 11, 2011.

    O.C.G.A. 13-8-53(a)

  • Two years is presumed reasonable

    For employees, a post-employment restriction of two years or less is presumed reasonable, and longer is presumed unreasonable. For a sale of a business, five years or less, or the length of any payment period, is presumed reasonable.

    O.C.G.A. 13-8-57

  • Client non-solicits need no map

    A covenant barring an employee from soliciting customers they had material contact with does not need a geographic limit. Non-competes must describe the territory and restricted activities, and general descriptions are generally acceptable.

    O.C.G.A. 13-8-53(b)-(c)

  • Courts may blue-pencil

    Georgia courts may modify an overbroad covenant to make it reasonable, rather than voiding it entirely, as long as the modification does not make it more restrictive. Courts consider only the employer's legitimate business interests.

    O.C.G.A. 13-8-53(d), 13-8-54

Last updated 2026-10-05

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Our Georgia Non-Compete Agreement template as a Word document — a general starting point you fill in yourself. Sign in free to download it.

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What a non-compete agreement covers

  • Restricted activities and competitors
  • Duration and geographic scope
  • Non-solicitation of customers and employees
  • Consideration given for the restriction
  • Remedies and reformation
  • Governing law and venue

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Frequently asked questions

Which Georgia employees can be asked to sign a non-compete?
Under Georgia's Restrictive Covenants Act, non-competes generally may be used only with sales employees, managers, key employees and professionals. Ordinary rank-and-file workers generally cannot be bound. The Act applies to agreements made on or after May 11, 2011, so confirm each signer's role fits one of these categories.
Does a Georgia customer non-solicit need a geographic limit?
No. In Georgia, a covenant barring an employee from soliciting customers they had material contact with does not need a geographic limit. A non-compete, by contrast, must describe the territory and restricted activities, though general descriptions are generally acceptable.
What duration is presumed reasonable for a Georgia sale-of-business non-compete?
For a sale of a business, Georgia presumes a restriction of five years or less, or the length of any payment period, is reasonable. For employees, two years or less is presumed reasonable and longer is presumed unreasonable. If a term is overbroad, courts may modify it but cannot make it more restrictive.
Are non-competes enforceable?
It depends heavily on the state. A few states ban most employee non-competes outright, others cap them by salary, duration or industry, and many enforce only restrictions that are reasonable in time, area and scope.
What's the difference between a non-compete and a non-solicit?
A non-compete stops someone working for a competitor or starting a competing business. A non-solicit only stops them from poaching your customers or staff. Non-solicits are enforceable in more places, but not everywhere.
Can I use a non-compete when selling my business?
Usually yes. Sale-of-business non-competes are treated much more favourably than employee ones, even in states that otherwise ban non-competes.

Non-Compete Agreement in other states

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