Non-Circumvention Agreement - Business

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This Non-Circumvention Agreement (Business) is often used by a broker or intermediary to a business transaction. This agreement will ensure that the intermediary, who introduces parties for the purpose of pursuing mutual business interests, is not bypassed in the business relationship. This form is for use in all states.

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A Non-Circumvention Agreement is often used by a broker or intermediary to a business transaction. The purpose of the Agreement is to ensure that the intermediary, who introduces or connects other parties for the purpose of pursuing mutual business or financial opportunities, is not by-passed in the relationship. This agreement is generally signed together with a Non-Disclosure Agreement in order to protect the confidentiality of any disclosed information and to prohibit disclosure to unauthorized parties. It is imperative that this agreement be set out in writing. A written Non-Circumvention Agreement for Business will prove invaluable in the event of misunderstandings or litigation.

This Non-Circumvention Agreement (Business) includes the following provisions:
  • Parties: Sets out the parties to the agreement and the date the agreement is signed;
  • Recitals: Detailed recitals which set out that the parties desire to work together for the purpose of arranging financial and business transactions;
  • Non-Circumvention: Neither party shall directly or indirectly transact with a third party regarding any business transaction without the express written permission of the other party;
  • Term: Sets out the term in which the agreement will remain in effect and that its conditions shall apply to all transactions entered into by the parties;
  • Waiver and Amendment: Neither party shall waive or amend this agreement except by written agreement specifying the provision to be waived, amended or modified;
  • Signatures: This agreement must be signed by both parties.

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This attorney-prepared packet contains:
  1. Instructions and Checklist
  2. General Information
  3. Non-Circumvention Agreement (Business)
State Law Compliance: This form complies with the laws of all states
Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33601
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Non-Circumvention Agreement - Business


This Non-Circumvention Agreement (the “Agreement”) is dated as of _______________, 20____, by and between ________________________________________________ (“Party One”) and ______________________________________________ (“Party Two”) (each a “Party,” collectively the “Parties”).
I.   The Parties desire to work together for the purpose of arranging business and financial transactions, and the obligations contained in this Agreement are mutual and reciprocal.
II.   Certain transactions may require and result in the introduction of corporations, partnerships, proprietorships, organizations, firms, companies, trusts, individuals or other entities (each a Third Party,” collectively the Third Parties) by one Party to the other.
III.   The Parties acknowledge that the name and identity of each Third Party is valuable and proprietary, whether that information is known or unknown at the time of the Agreement. 
Now, therefore, in consideration of the faithful performance of the obligations set forth herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1.   Non-Circumvention.  No Party shall directly or indirectly circumvent, avoid, by-pass or obviate the other Party's relationship with any Third Party, nor shall any Party directly or indirectly contact, deal with, transact with or otherwise be involved with any Third Party without the express written permission of the other Party.
2.   Term.  The Agreement shall remain in effect for ______ (  ) years following the execution of the Agreement, and shall apply to any and all transactions entered into by the Parties, including follow-up, repeat, extended or renegotiated transactions.
3.   General Provisions.
(a)   Notices.  Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given by delivery, by facsimile or by mail (registered or certified mail, postage prepaid, return receipt requested) to the respective Party as follows:
If to Party One:
If to Party Two:
or to such other address with respect to a Party as such Party shall notify the other in writing.
(b)   Successors and Assigns.  This Agreement is intended to bind and inure to the benefit of and be enforceable by the Parties, and their respective successors, assigns, heirs, executors and administrators; provided, that neither Party may assign any duties or other rights hereunder without the written consent of the other Party.
(c)   Waiver and Amendment.  Neither Party may waive any of the terms or conditions of this Agreement, nor may this Agreement be amended or modified, except by a duly signed writing referring to the specific provision to be waived, amended or modified.
(d)   Entire Agreement.  This Agreement constitutes the entire agreement with respect to the subject matter hereof, and supersedes all other prior agreements and understandings, both written and oral, between the Parties.
(e)   No Representations.  Neither Party has relied upon any representations or statements made by the other Party hereto which are not specifically set forth in this Agreement.
(f)   Severability.  Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law; however, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision, and this Agreement will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision(s) had never been contained herein.
(g)   Governing Law.  This Agreement shall be governed by the laws of the State of __________________, without regard to its conflicts of law provisions.
(h)   Attorney's Fees.  In the event that it becomes necessary to enforce any of the terms of this Agreement, the prevailing party shall be entitled to his/her/its costs and reasonable attorney's fees incurred therein.
(i)   Continuing Obligations.  Notwithstanding the termination of this Agreement for any reason, the obligations described in Section 1 above shall continue in full force and effect.
(j)   Headings.  The headings of the sections herein are for convenience only, and shall not affect the meaning of the provisions of this Agreement.
(k)   Counterparts/Electronic Signatures.  This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.  For purposes of this Agreement, use of a facsimile, e-mail or other electronic medium shall have the same force and effect as an original signature.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the date first written above.
PARTY ONE:               PARTY TWO:
_______________________________      ______________________________
Signature                  Signature
_______________________________      ______________________________
Name (please print)               Name (please print)
_______________________________      ______________________________
Title (if applicable)               Title (if applicable)

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