In purchase/sale negotiations, the buyer has the right to add a non-compete clause to indicate that the seller cannot open a new café in the same area to prevent the seller from looting customers from his former store. However, geographic limitation must be helpful. It would not be reasonable to prevent the seller from opening a café in an area where the buyer would not do business (as on the other side of town). Non-compete bans in the state of Colorado are generally overturned, unless they fall within a few selected exceptions.  These exceptions include “a) any contract to purchase and sell a business or the assets of a business; (b) any contract relating to the protection of trade secrets; (c) any contractual provision to reimburse the training costs of a worker who has served an employer for less than two years; and (d) executives, executives, executives and employees, who represent professional staff for executives and executives.  When the statute came into force, Colorado`s approach to regulating non-compete agreements was a unique approach.  More companies require agreements – and apply them – even for non-corporate, non-executive jobs, such as yoga teacher, camp counselor or office intern. Under Texas law, “a non-compete agreement is applicable if it is, as of the date of the agreement, a side effect of another applicable agreement, to the extent that it contains temporal and geographic areas and the extent of the activity to be limited, which are appropriate and do not show greater deference than is necessary to protect the commercial interest of the promised.”  Physicians are subject to special rules, including the fact that a physician cannot be prohibited from “continuing to care for and treat a patient during an acute illness, even after the termination of the contract or employment.”  The validity of the restrictions depends on the nature of the protected interests and the factors that are subject exclusively to a particular sector or even a particular company may feed it. For example, in traditional sectors where the development of the customer relationship can take years, a competition pact of one year or more may be considered appropriate.
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