Can this agreement be e-signed?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and state UETA laws where adopted; New York follows ESRA. Ensure signers consent to electronic records, and include intent and retention to satisfy the four-prong ESIGN/UETA test.

What makes signatures valid under federal law?

Validity requires: demonstrable intent to sign, consent to conduct the transaction electronically, attributable signature evidence tying action to signer, and reliable record retention that reproduces the signed agreement (the ESIGN/UETA four-prong test).

Do I need a notary or witnesses?

Generally no for employment contracts; notarization or witness requirements vary by state and specific clause (e.g., assignment of real property rights). Use RON where permitted for notarization; consult state law if the agreement concerns statutory documents.

How to protect intellectual property rights?

Include explicit IP ownership, work-for-hire or license language, and a schedule of pre-existing materials. Specify whether contractor retains rights and whether employer receives assignment or exclusive license; consider escrow or defined deliverable acceptance criteria.

What if outside work causes a conflict?

Enforce contractual notice and remediation steps: require prompt disclosure, temporary suspension of outside engagements where critical, mediation or arbitration per contract, and documented steps for resolution. Maintain objective conflict criteria to prevent arbitrary enforcement.

How to revoke or amend the agreement?

Specify amendment procedures, required approvals, and signature formalities. For revocation, include notice periods, return of confidential materials, and an effective termination date. Electronic amendments should meet ESIGN consent and retention requirements to remain enforceable.

Electronic Signature
Templates
HR
Employment Non-Exclusive Agreement

Employment Non-Exclusive Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EMPLOYMENT NON-EXCLUSIVE AGREEMENT

Parties and Effective Date

This Employment Non-Exclusive Agreement ("Agreement") is made and entered into as of by and between:

Employer Name Employer Address Employee Name Employee Address

Recitals and Purpose

Employer desires to engage Employee to perform services as set forth in this Agreement, and Employee desires to accept such engagement, on a non-exclusive basis such that Employee may provide services to other persons or entities so long as such activities do not violate the terms of this Agreement, including confidentiality and conflict provisions.

Position and Term

Job Title Department / Reporting Manager

Start Date: . Term: This Agreement shall commence on the Start Date and continue until terminated in accordance with the Termination section below.

Duties and Non-Exclusivity

Employee shall perform the duties reasonably assigned by Employer, which are consistent with the job title set forth above. Employee acknowledges and agrees that this engagement is non-exclusive: Employee may accept additional employment, consulting assignments, or other business activities, provided such activities do not create a conflict of interest, interfere with Employee's duties to Employer, or misuse Employer's confidential information or resources.

Compensation and Benefits

Salary / Rate Pay Frequency

Employee shall be entitled to benefits as set forth in Employer policies, if any. Employer makes no representation that benefits will be provided beyond any written benefits summary provided separately.

Confidentiality and Proprietary Information

Employee will have access to confidential and proprietary information. Employee agrees to hold all such information in strict confidence and not to disclose or use such information except as required in the course of performing duties for Employer. All confidential information and trade secrets developed by Employee in the scope of employment are Employer property.

Intellectual Property

Except as otherwise agreed in writing, Employee assigns to Employer all right, title and interest in inventions, works of authorship or other intellectual property created by Employee within the scope of employment or using Employer resources. Employee agrees to execute instruments reasonably requested to effectuate such assignment.

Conflict of Interest and Outside Work

Employee shall promptly disclose to Employer any outside employment or business interests that could reasonably be expected to create a conflict of interest. Employee shall not solicit Employer clients or employees for other business during the term of this Agreement and for a period of six (6) months following termination.

Termination

Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Employer retains the right to terminate employment for cause immediately where permitted by law. Upon termination, Employee shall promptly return all Employer property and confidential information.

At-Will Employment and Equal Opportunity

Employment is at-will and may be terminated by either party at any time, unless otherwise expressly agreed in writing. Employer is an equal opportunity employer and does not discriminate on the basis of protected characteristics under applicable law.

Acknowledgment of At-Will and EEO

I acknowledge the at-will employment statement
I acknowledge the equal employment opportunity statement

Background Checks and Authorization

Employee authorizes Employer to conduct background investigations, employment verifications, reference checks, and other inquiries as permitted by law. Employee authorizes prior employers and references to release employment information to Employer.

Authorization Initials

Employment History

Prior Employer 1 - Company Name Prior Employer 2 - Company Name

Education

Highest Degree

Professional References

Reference 1 Reference 2 Reference 3

Representations, Warranties and Indemnity

Employee represents that all information provided is true, complete, and not misleading. Employee shall indemnify Employer for any third-party claims resulting from Employee's intentional misconduct or material breach of this Agreement.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state selected by Employer, without regard to conflict of laws principles. Any dispute arising under this Agreement shall be resolved by arbitration or in the courts as specified by Employer's dispute resolution policy.

Entire Agreement; Amendments; Severability

This Agreement constitutes the entire agreement between the parties concerning its subject matter. Any amendment must be in writing and signed by both parties. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

Applicant Certification & Authorization

I certify that the information provided in this Agreement and in any supporting documents is true and complete. I authorize Employer to verify any information, to obtain background information, and to contact references and prior employers.

Additional Remarks (optional)

Employer Printed Name:

By:

Date:

Employee Printed Name:

Signature:

Date:

What an Employment Non-Exclusive Agreement Does

An Employment Non-Exclusive Agreement is a contract that establishes the terms under which a worker provides services to an employer while retaining the right to perform work for other parties. The agreement typically clarifies scope of services, compensation, scheduling, confidentiality, intellectual property assignment or licensing, and termination rights. It differs from exclusive employment contracts by explicitly permitting outside work subject to conflict-of-interest, non-solicitation, or availability limits. Employers and contractors use this agreement to reduce ambiguity about concurrent work, protect key business interests, and set expectations for deliverables, hours, and dispute resolution procedures.

Why use a non-exclusive employment arrangement

Use an Employment Non-Exclusive Agreement to document permissible outside work, reduce disputes over competing commitments, and protect confidential information and intellectual property while allowing flexibility. The agreement can clarify notice, availability, and conflict rules to minimize business interruption and litigation risk.

Who commonly uses this agreement

Common users include employers, independent contractors, HR teams, and outside counsel when drafting flexible work arrangements.

Small businesses hiring freelancers or consultants who need contractual flexibility.
Agencies and staffing firms placing talent on concurrent client engagements.
Experienced contractors who want to retain outside clients while contracting.

Use the agreement to set clear expectations for performance, disclosure, and competing work across parties.

Primary sections to include in the agreement

Core sections of an Employment Non-Exclusive Agreement cover terms that allocate work rights, confidentiality, IP, compensation, scheduling, and dispute resolution among parties.

Scope of Work

Describe services, deliverables, performance standards, and whether outside engagements are permitted during working hours; include examples of permitted client types or prohibited competing businesses and reporting requirements.

Compensation

Specify pay rate, invoicing schedule, expense reimbursement, benefits (if any), and whether outside work affects pay, bonuses, or commission eligibility; be explicit about taxable withholding responsibilities.

Confidentiality

Define confidential information, permitted disclosures, duration of confidentiality post-termination, and required handling of trade secrets; include remedies for breaches and carve-outs for pre-existing knowledge and return of materials.

Intellectual Property

State ownership or license of work product, specify work-for-hire language or limited license back to contractor, and clarify treatment of pre-existing IP and third-party components.

Availability

Set expected hours, notice requirements for outside engagements, blackout dates, on-call obligations, and procedures for disclosing conflicts of interest or material changes in availability to employer.

Termination

Include termination for convenience and for cause clauses, notice periods, post-termination obligations such as return of materials, and survival of confidentiality and IP clauses and remedies.

Step-by-step: completing and executing the agreement

Follow these sequential steps to complete and execute an Employment Non-Exclusive Agreement accurately and legally.

01

Prepare Document: Gather parties' legal names, addresses, and role descriptions.
02

Define Terms: Specify scope, outside work permissions, and compensation details.
03

Review & Negotiate: Have counsel or HR review for conflicts and compliance.
04

Sign & Distribute: Execute signatures, retain copies, and provide executed copies to parties.

Recommended digital workflow settings

Configure a digital signing workflow to collect signatures, verify identity, and store executed Employment Non-Exclusive Agreements securely.

Key Workflow Field Configuration Settings	How to configure the field in the signing workflow
Primary signer authentication method (SMS, email)	Select SMS code or email link and enable identity verification
Field Types and Required Settings	Add signature, initial, date fields; mark required where necessary
Conditional Field Logic for Conflicts	Use conditional rules to block outside work if conflicts exist
Document Retention and Audit Trail	Enable audit trail, retain signed PDF and activity log export

Delivery and authentication options for signatures

Choose distribution channels and e-sign settings to match legal requirements and signer convenience and company policy.

Email Delivery: Standard method; include signing link and audit record.
In-Person Kiosk: Supports onsite signing with witness if required.
Remote Notary / RON: Use RON where state permits; record A/V session.

Key legal risks and penalties to watch

Misclassification Risk: Wage-hour audits, fines, back pay

I-9 Violations: Civil penalties $281–$2,789 per violation

Tax Withholding: Backup withholding 24% if incorrect TIN

IP Disputes: Loss of rights, injunctions, damages

Confidentiality Breach: Contract damages and injunctive relief

Enforceability Issues: Improper signatures risk invalidity

Common preparation mistakes to avoid

Failing to define outside work permissions precisely, leaving 'reasonable' or vague language that leads to disputes about acceptable clients, hours, or competing businesses.
Neglecting to address intellectual property ownership for deliverables created during outside engagements, which can result in overlapping claims and litigation.
Not aligning governing law, venue, and arbitration clauses with company location or performance site increases enforcement friction and litigation cost.
Using inconsistent names, missing signature dates, or unsigned amendment pages undermines the document's enforceability in dispute proceedings.

Vendor comparison for eSignatures used with this agreement

Comparison of common eSignature plans and capabilities to consider when signing Employment Non-Exclusive Agreements electronically.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Illustrative use cases

Real-world examples show how Employment Non-Exclusive Agreements balance flexibility with protection for both employers and contractors.

Martin Properties

Martin Properties used non-exclusive contracts to let agents take outside listings while maintaining company CRM exclusivity clauses.

Streamlined remote onboarding and signature collection.
I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently.

Consulting Firm

A mid-size consulting firm standardized Employment Non-Exclusive Agreements to permit outside clients while protecting confidential client lists and billing commitments.

Clear disclosure and notice obligations.
Standard clauses reduced ambiguity over client ownership, clarified invoicing responsibilities, and created a clear remediation path for conflicts; counsel review prevented overlapping IP assignments and improved compliance.

Practical drafting and administration tips

Follow practical practices to reduce disputes, ensure compliance, and make Employment Non-Exclusive Agreements durable and enforceable across jurisdictions.

Draft explicit conflict of interest rules

Define specific categories of prohibited outside work, thresholds for time commitment, disclosure timing, and an objective review process. Use examples and a notice form to guide determinations, reducing subjective enforcement and litigation risk.

Use precise intellectual property assignment language

Specify whether deliverables are work-for-hire, require assignment, or grant a limited license; include carve-outs for pre-existing IP and third-party components. Clear definitions reduce ownership disputes and aid enforcement in litigation.

Set notice and disclosure procedures

Require timely written disclosure of outside engagements, specify approval or review timelines, and include a notification form. Link disclosures to conditional clauses that pause outside work where material conflicts threaten core operations.

Preserve electronic evidence and audit trails

Mandate retention of signed PDFs, audit trails with timestamps and IP addresses, and any related correspondence. Maintain searchable archives for dispute resolution and comply with ESIGN/UETA retention expectations to support enforceability.

Frequently asked questions

Answers to frequent questions about using, signing, and enforcing Employment Non-Exclusive Agreements in the United States.

Need help? Contact support

Can this agreement be e-signed?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and state UETA laws where adopted; New York follows ESRA. Ensure signers consent to electronic records, and include intent and retention to satisfy the four-prong ESIGN/UETA test.
What makes signatures valid under federal law?
Validity requires: demonstrable intent to sign, consent to conduct the transaction electronically, attributable signature evidence tying action to signer, and reliable record retention that reproduces the signed agreement (the ESIGN/UETA four-prong test).
Do I need a notary or witnesses?
Generally no for employment contracts; notarization or witness requirements vary by state and specific clause (e.g., assignment of real property rights). Use RON where permitted for notarization; consult state law if the agreement concerns statutory documents.
How to protect intellectual property rights?
Include explicit IP ownership, work-for-hire or license language, and a schedule of pre-existing materials. Specify whether contractor retains rights and whether employer receives assignment or exclusive license; consider escrow or defined deliverable acceptance criteria.
What if outside work causes a conflict?
Enforce contractual notice and remediation steps: require prompt disclosure, temporary suspension of outside engagements where critical, mediation or arbitration per contract, and documented steps for resolution. Maintain objective conflict criteria to prevent arbitrary enforcement.
How to revoke or amend the agreement?
Specify amendment procedures, required approvals, and signature formalities. For revocation, include notice periods, return of confidential materials, and an effective termination date. Electronic amendments should meet ESIGN consent and retention requirements to remain enforceable.

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