Non compete agreements drafted around the risk you are actually trying to contain

The answer depends on the role, the information the person can access and the business interest you are trying to protect. A non compete agreement is more commonly considered where someone has strong client relationships, access to confidential strategy or pricing information, or influence over goodwill that could be taken to a competing business. It is not simply a standard add-on for every worker or contractor. The drafting needs to match a real commercial risk, otherwise the restraint may be harder to justify and more difficult to rely on later.

No. A restraint is not automatically effective just because it appears in a signed agreement. Questions often arise around whether the clause goes further than reasonably necessary, whether the duration is too long, whether the geographic area is too wide and whether the restricted activities are defined too broadly. Courts look closely at the facts, including the person's role and the business interest said to be protected. This service can help you put forward more considered drafting, but it cannot promise that every restraint will be upheld in every situation.

A non compete agreement usually deals with the activities being restricted, the period of restraint, any geographic area, and the business interest the clause is trying to protect. It may also include related obligations around confidentiality, client non-solicitation, staff non-poaching and return of business information when the relationship ends. In some cases, the restraint needs to align with an employment agreement, contractor agreement or sale document already in place. The aim is to make the restraint work as part of the broader contractual position, not as a disconnected clause.

Important details include the person's seniority, whether they deal directly with clients, what confidential information they can access, the markets your business operates in and what kind of competitive harm you are realistically trying to prevent. A restraint for a founder selling a business may look very different from one for a contractor or employee. We also consider whether other protections already exist, such as confidentiality terms or client restraints, because that can affect how broad the non compete wording should be and whether it is commercially sensible.

Often, yes. Many templates are drafted in very broad terms, use overseas concepts or do not reflect the actual relationship between the parties.

That can create two problems: the clause may be harder to rely on later, and it may also be harder to get signed because it looks excessive on its face. A more considered draft can better match the role, the relevant timeframe and the conduct you genuinely need to restrict. That usually produces a cleaner agreement than copying a one-size-fits-all restraint into every arrangement.

As an online law firm, we eliminate the headaches of paying us by the hour and finding time to meet with a lawyer in person. We charge a fixed fee, with upfront quotes and transparent pricing, and communicate via phone, email and video chat - whichever suits you! You'll be guided through our process by our expert lawyers, who are Australian-qualified and specialise in technology, intellectual property, contract drafting, corporate and commercial law.

At Sprintlaw, our pricing is transparent and designed for startups and small businesses. Many one-off legal services, including document drafting and reviews, are provided for a fixed fee with an upfront quote before you proceed.

Prices typically range from $250 to $2,500 AUD depending on the complexity and scope of the work. For ongoing support, Sprintlaw Memberships include options such as legal templates, consultations, a legal helpline and credits for services.

If your project is larger or more complex, we will provide a tailored quote after understanding what you need.

Our law firm operates completely online, which means we can help you wherever you are in Australia. We work at The Commons Central - a cool co-working space in Chippendale, Sydney - but our lawyers often work flexibly across various locations.

Our lawyers also work from co-working spaces and home offices in Sydney, Melbourne, Brisbane, Adelaide and Perth, so clients can get help online without needing to meet in person.