§ 13-8-56. Reasonableness Determinations Restricting Competition; Presumptions
In determining the reasonableness of a restrictive covenant that limits or restricts competition during or after the term of an employment or business relationship, the court shall make the following presumptions: During the term of the relationship, a time period equal to or measured by duration of the parties’ business or commercial relationship is reasonable, […]
§ 13-8-57. Reasonableness Determinations Restricting Time; Presumptions
In determining the reasonableness in time of a restrictive covenant sought to be enforced after a term of employment, a court shall apply the rebuttable presumptions provided in this Code section. In the case of a restrictive covenant sought to be enforced against a former employee and not associated with the sale or ownership of […]
§ 13-8-58. Enforcement by Third Parties
A court shall not refuse to enforce a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an assignee or successor to a party to such contract. In determining the enforceability of a restrictive covenant, it is not a defense that the person seeking enforcement […]
§ 13-8-59. Construction With Federal Provisions
Nothing in this article shall be construed or interpreted to allow or to make enforceable any restraint of trade or commerce that is otherwise illegal or unenforceable under the laws of the United States or under the Constitution of this state or of the United States. History. Code 1981, § 13-8-59 , enacted by Ga. […]
§ 13-8-50. Legislative Findings
The General Assembly finds that reasonable restrictive covenants contained in employment and commercial contracts serve the legitimate purpose of protecting legitimate business interests and creating an environment that is favorable to attracting commercial enterprises to Georgia and keeping existing businesses within the state. Further, the General Assembly desires to provide statutory guidance so that all […]
§ 13-8-51. Definitions
As used in this article, the term: “Affiliate” means: A person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with another person or entity; Any entity of which a person is an officer, director, or partner or holds an equity interest or […]
§ 13-8-52. Application
The provisions of this article shall be applicable only to contracts and agreements between or among: Employers and employees; Distributors and manufacturers; Lessors and lessees; Partnerships and partners; Franchisors and franchisees; Sellers and purchasers of a business or commercial enterprise; and Two or more employers. The provisions of this article shall not apply to any […]
§ 13-8-53. Enforcement of Covenants; Writing Requirement; Determining Competitive Status; Effect of Failure to Comply; Time and Geographic Limitations
Notwithstanding any other provision of this chapter, enforcement of contracts that restrict competition during the term of a restrictive covenant, so long as such restrictions are reasonable in time, geographic area, and scope of prohibited activities, shall be permitted. However, enforcement of contracts that restrict competition after the term of employment, as distinguished from a […]
§ 13-8-54. Judicial Construction of Covenants
A court shall construe a restrictive covenant to comport with the reasonable intent and expectations of the parties to the covenant and in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement. In any action concerning enforcement of a restrictive covenant, a court shall not enforce a restrictive […]
§ 13-8-55. Requirements of Person Seeking Enforcement of Covenants
The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. If a person seeking enforcement of the restrictive covenant establishes by prima-facie evidence that the restraint is in compliance with the provisions of Code Section 13-8-53, then any person opposing […]