Overtime Athletics Instructor Non-Compete Agreement

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AT WILL EMPLOYEE

Employee shall be an at-will employee.  Employees shall have the right to resign from his/her employment, and employer shall have the right to terminate Employee’s employment, at any time and with or without notice and with or without cause, and for any reason or for no reason.  Employee shall comply with all of employer’s policies, procedures, rules and regulations. 

TRADE SECRETS AND CONFIDENTIAL INFORMATION

(a) During the term of this Agreement, Employee may have access to, and become familiar with, various trade secrets and confidential information belonging to Management, including, but not limited to, the document and information referred to below, as well as Company Handbooks, Training Manuals, Instructor Materials and Tools, Overtime Athletics Curriculum, Marketing Materials, and Financial records. 

(b) Employee acknowledges that such confidential information and trade secrets are owned and shall continue to be owned solely by Management. 

(c) During the term of this Agreement and for twenty-four (24) months after such Agreement terminates, regardless of whether such termination is initiated by Employee or Management, Employee agrees not to use, communicate, reveal or otherwise make available such information for any purpose whatsoever, or to divulge such information to any person, partnership, corporation or entity other than Management or persons expressly designated by Management, unless Employee is compelled to disclose it by judicial process. 

(d) Documents and other information regarding Management’s methods, pricing and costs, as well as information pertaining to Management’s customers, including, but not limited to, identity, location, service requirements, and charges to the customers, are highly confidential and constitute trade secrets. 

(e) Under no circumstances shall Employee remove from Management’s office any of Management’s books, records, documents or customer lists, or any copies of such documents, without Management’s prior written consent; nor shall Employee make any copies of such books, records, documents or customer lists for use outside of Management’s office, except as specifically authorized in writing by Management. 

RESTRICTIVE COVENANT EMPLOYEE AGREES THAT:

(a) For a period of twelve (12) months after this Agreement has been terminated for any reason, Employee will not accept employment with, or act as an Employee, Consultant or Advisor for any competitor of Management, or enter into competition with Management within a 200-mile radius of any of Management’s offices. 

(b) Employee shall not solicit, in connection with attempts to sell or provide services that are or may be considered competitive with the services provided by Management, any person or entity that has been a customer of Management within twelve (12) months preceding the date of termination of Employee’s engagement. 

(c)The parties have attempted to limit Employee’s right to compete only to the extent necessary to protect Management from unfair competition.  The parties agree that if the scope of enforceability of the restrictive covenant is in any way disputed at any time, a court or other trier of fact may modify and enforce the covenant to the extent they believe necessary and reasonable. 

REMEDIES 

(a) Employee acknowledges that (1) compliance with agreement herein is necessary to protect Management’s business interests and good will; (2) a breach of this agreement will irreparably and continually damage Management; and (3) an award of money damages will not be adequate to remedy such harm. 

(a) Employee agrees that in the event of a breach of any of these covenants, Management shall be entitled to both a preliminary injunction and money damages as well as all reasonable costs and attorney’s fees. 

ARBITRATION 

(a) Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Arbitration shall be before a single arbitrator in the programming territory. 

(b) Each party shall be responsible for fifty percent (50%) of the costs of arbitration. 

(c) This Agreement shall be interpreted, enforced and governed by the substantive laws of the Programming Territory and the decision of the arbitrator shall be enforceable in the Programming Territory Courts.

The parties noted above have executed this Agreement as of the date set forth above.

I acknowledge that I have reviewed and understand the Overtime Athletics Instructor Agreement
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