§ 34-51-202. Exceptions for non-compete agreements.

(1) This chapter does not prohibit: (a) a reasonable severance agreement mutually and freely agreed upon in good faith at or after the time of termination that includes a non-compete agreement or a healthcare non-compete agreement; or (b) a non-compete agreement or a healthcare non-compete agreement related to or arising out of the sale of a business, if the individual subject to the non-compete agreement or healthcare non-compete agreement receives value related to the sale of the business. (2) Notwithstanding Subsection (1)(a), a severance agreement remains subject to any requirements imposed under common law.