Non-Compete Agreement - South Dakota
SOUTH DAKOTA EMPLOYEE NON-COMPETE AGREEMENT
1. PARTIES AND PRACTITIONER GATE
This Agreement is made as of [EFFECTIVE DATE] by and between [EMPLOYER LEGAL NAME], a [STATE AND ENTITY TYPE] with its principal place of business at [ADDRESS] (“Employer”), and [EMPLOYEE FULL LEGAL NAME], residing at [ADDRESS] (“Employee”).
Do not use this form to restrict a practitioner covered by SDCL § 53-9-11.2 from practicing a licensed profession, treating current patients, or establishing covered provider-patient relationships, except where a statutory sale-of-practice provision applies.
Role gate: [NOT A COVERED PRACTITIONER / SALE EXCEPTION / DO NOT USE]. Consideration: [DESCRIBE].
2. NARROW COVENANTS
“Restricted Period” means [___, NOT MORE THAN 24] months. “Restricted Services” means [SERVICES EMPLOYEE ACTUALLY PERFORMED]. “Restricted Territory” means [SPECIFIED COUNTY, MUNICIPALITY, OR OTHER AREA]. “Competitive Business” means [SPECIFIC COMPETING BUSINESS].
For no more than two years after termination, Employee shall not engage in the same business or profession within the Restricted Territory and shall not solicit Employer’s existing customers there, but only while Employer continues a like business in that area and only to the extent SDCL § 53-9-11 permits.
Employee shall not use or disclose protected confidential information or trade secrets except as applicable law permits. Nothing prohibits general skill and experience or legally protected activity.
3. ENFORCEMENT AND GENERAL TERMS
A party may seek only relief available under applicable law upon the required proof and security. This Agreement creates no automatic tolling, bond waiver, disgorgement, employee indemnity, fee shifting, or uncapped-liability declaration.
South Dakota law governs. Subject to any enforceable arbitration agreement, the parties submit to courts in [COUNTY], South Dakota.
4. EXECUTION
| EMPLOYER | EMPLOYEE |
|---|---|
| [EMPLOYER LEGAL NAME] | [EMPLOYEE FULL LEGAL NAME] |
| By: ___________________________ | ______________________________ |
| Name/Title: ___________________ | Date: _________________________ |
| Date: _________________________ |
Sources and References
- South Dakota Legislature, SDCL § 53-9-11: https://sdlegislature.gov/Statutes/53-9-11
- verified-via: Justia 2025 text because the official South Dakota code page remained a JavaScript shell: https://law.justia.com/codes/south-dakota/title-53/chapter-09/section-53-9-11/
About this template
- Last updated
- July 29, 2026
- Citations checked
- July 29, 2026
- Jurisdiction
- South Dakota
- Category
- Employment & HR
Legal authority
- SDCL §§ 53-9-11, 53-9-11.1, and 53-9-11.2
Employment documents govern the relationship between a company and its workers, from offer letters and employment agreements through handbooks, performance reviews, and separations. Done right, they set clear expectations, protect against wrongful termination and discrimination claims, and give both sides a record to rely on. Done poorly, they invite lawsuits, agency complaints, and costly disputes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on July 29, 2026.
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