BAYLOR RENOVATIONS NON-COMPETE AND NON-DISCLOSURE AGREEMENT

February 24, 2024

BAYLOR RENOVATIONS NON-COMPETE AND NON-DISCLOSURE AGREEMENT

This Non-Compete and Non-Disclosure Agreement (the “Agreement”) is made and entered into as of the [insert date] (the “Effective Date”), by and between XXXX RENOVATIONS whose place of business is located at [address] (the “Company”), and [insert subcontractor name] whose address is at[address] (the “Subcontractor”).

RECITALS

WHEREAS, the Company provides renovation services to its clients and uses the services of subcontractors to perform such services;

WHEREAS, in connection with the provision of such services, the Subcontractor may have access to confidential and proprietary information of the Company;

WHEREAS, the Company has a legitimate interest in protecting its confidential and proprietary information and in preventing the Subcontractor from competing with the Company after the Subcontractor’s engagement by the Company has ended;

WHEREAS, the Subcontractor is willing to agree to certain restrictions on the use of the Company’s confidential and proprietary information and on the Subcontractor’s ability to compete with the Company after the Subcontractor’s engagement by the Company has ended;

NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

  1. Confidential Information
    1. The term “Confidential Information” means any information or material, whether written, electronic, or oral, that is proprietary to the Company and not generally known to the public, including but not limited to information regarding the Company’s clients, products, services, business plans, financial information, pricing information, trade secrets, know-how, processes, techniques, and methods.
    2. The Subcontractor agrees that during the term of the engagement and thereafter, the Subcontractor will not disclose or use any Confidential Information of the Company, except as required in the course of performing the Subcontractor’s duties for the Company.

 

  1. Non-Compete
    1. The Subcontractor agrees that during the term of the engagement and for a period of [insert number of months/years] following the termination of the engagement, the Subcontractor will not, directly or indirectly, engage in any business or activity that is competitive with the Company’s business, including but not limited to the provision of renovation services to any client of the Company.
    2. The Subcontractor further agrees that during the term of the engagement and for a period of [insert number of months/years] following the termination of the engagement, the Subcontractor will not solicit or attempt to solicit any client of the Company for the purpose of providing services that are competitive with the Company’s business.
    3. The Subcontractor acknowledges that the restrictions set forth in this Section 2 are reasonable and necessary to protect the legitimate interests of the Company.

 

  1. Return of Company Property
    1. The Subcontractor agrees that upon termination of the engagement, the Subcontractor will promptly return to the Company all property of the Company in the Subcontractor’s possession or control, including but not limited to Confidential Information, documents, data, equipment, and materials.

 

  1. Remedies
    1. The Subcontractor acknowledges that a breach of any of the provisions of this Agreement may cause irreparable harm to the Company, for which the Company may not have an adequate remedy at law.
    2. The Subcontractor agrees that in the event of any such breach, the Company shall be entitled, in addition to any other remedies available to it at law or in equity, to seek injunctive relief to enforce the provisions of this Agreement, without the need to post bond or other security.

 

  1. Indemnification
    • The Subcontractor agrees to indemnify and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, expenses, or other losses arising out of or in connection with any breach by the Subcontractor of the provisions of this Agreement.

 

  1. Binding Nature and Assignment.
    • This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
    • The Subcontractor may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Company.
    • The Company may assign or transfer any of its rights or obligations under this Agreement to any entity acquiring all or substantially all of the Company’s assets or business, provided that such entity agrees to be bound by the terms of this Agreement.

 

  1. Entire Agreement:
    • This Agreement sets forth the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between them, whether written or oral, relating to the subject matter hereof.
    • Any modifications or amendments to this Agreement must be in writing and signed by both parties.
    • This Agreement shall not be assigned by either party without the prior written consent of the other party, except that either party may assign this Agreement to a successor in interest upon written notice to the other party.
    • This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

 

  1. Modification and Amendment
    • This Agreement may not be modified or amended except in writing signed by both parties.
    • Any attempt to modify or amend this Agreement, whether by course of conduct or otherwise, shall be null and void unless such modification or amendment is in writing and signed by both parties.
    • No waiver of any term or provision of this Agreement shall be deemed a waiver of any other term or provision, nor shall any waiver of any breach of this Agreement be construed as a waiver of any subsequent breach.

 

  • Governing Law.
    • This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to its conflict of laws principles.
    • Any legal action arising out of or relating to this Agreement shall be brought in the courts of the State of Alabama, and the parties hereby consent to the exclusive jurisdiction and venue of such courts.

 

  1. Arbitration.
    • Any dispute arising out of or relating to this Agreement, including but not limited to the validity, interpretation, or enforceability thereof, shall be resolved through arbitration administered by the XXXX(x in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
    • The arbitration shall take place in KKKK. The arbitrator shall be selected by mutual agreement of the parties or, failing such agreement within 30 days after the commencement of the arbitration, shall be appointed by the AAA. The arbitration shall be conducted in VVVV and shall be conducted in the English language.
    • The arbitrator shall apply the laws of the State of Alabama in making any award. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it in any court having jurisdiction thereof.
    • The prevailing party in any such arbitration shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection therewith.

 

  1. Counterparts:
    • This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

[Subcontractor Name]

By: ___________________________

Name: _________________________

Title: __________________________

Date: __________________________

XXXX  RENOVATIONS

By: ___________________________

Name: _________________________

Title: __________________________

Date: __________________________

XXXX RENOVATIONS NON-COMPETE AND NON-DISCLOSURE AGREEMENT

This Non-Compete and Non-Disclosure Agreement (the “Agreement”) is made and entered into as of the [insert date] (the “Effective Date”), by and between XXXX RENOVATIONS whose place of business is located at [address] (the “Company”), and [insert subcontractor name] whose address is at[address] (the “Subcontractor”).

RECITALS

WHEREAS, the Company provides renovation services to its clients and uses the services of subcontractors to perform such services;

WHEREAS, in connection with the provision of such services, the Subcontractor may have access to confidential and proprietary information of the Company;

WHEREAS, the Company has a legitimate interest in protecting its confidential and proprietary information and in preventing the Subcontractor from competing with the Company after the Subcontractor’s engagement by the Company has ended;

WHEREAS, the Subcontractor is willing to agree to certain restrictions on the use of the Company’s confidential and proprietary information and on the Subcontractor’s ability to compete with the Company after the Subcontractor’s engagement by the Company has ended;

NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

  1. Confidential Information
    1. The term “Confidential Information” means any information or material, whether written, electronic, or oral, that is proprietary to the Company and not generally known to the public, including but not limited to information regarding the Company’s clients, products, services, business plans, financial information, pricing information, trade secrets, know-how, processes, techniques, and methods.
    2. The Subcontractor agrees that during the term of the engagement and thereafter, the Subcontractor will not disclose or use any Confidential Information of the Company, except as required in the course of performing the Subcontractor’s duties for the Company.

 

  1. Non-Compete
    1. The Subcontractor agrees that during the term of the engagement and for a period of [insert number of months/years] following the termination of the engagement, the Subcontractor will not, directly or indirectly, engage in any business or activity that is competitive with the Company’s business, including but not limited to the provision of renovation services to any client of the Company.
    2. The Subcontractor further agrees that during the term of the engagement and for a period of [insert number of months/years] following the termination of the engagement, the Subcontractor will not solicit or attempt to solicit any client of the Company for the purpose of providing services that are competitive with the Company’s business.
    3. The Subcontractor acknowledges that the restrictions set forth in this Section 2 are reasonable and necessary to protect the legitimate interests of the Company.

 

  1. Return of Company Property
    1. The Subcontractor agrees that upon termination of the engagement, the Subcontractor will promptly return to the Company all property of the Company in the Subcontractor’s possession or control, including but not limited to Confidential Information, documents, data, equipment, and materials.

 

  1. Remedies
    1. The Subcontractor acknowledges that a breach of any of the provisions of this Agreement may cause irreparable harm to the Company, for which the Company may not have an adequate remedy at law.
    2. The Subcontractor agrees that in the event of any such breach, the Company shall be entitled, in addition to any other remedies available to it at law or in equity, to seek injunctive relief to enforce the provisions of this Agreement, without the need to post bond or other security.

 

  1. Indemnification
    • The Subcontractor agrees to indemnify and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, expenses, or other losses arising out of or in connection with any breach by the Subcontractor of the provisions of this Agreement.

 

  1. Binding Nature and Assignment.
    • This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
    • The Subcontractor may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Company.
    • The Company may assign or transfer any of its rights or obligations under this Agreement to any entity acquiring all or substantially all of the Company’s assets or business, provided that such entity agrees to be bound by the terms of this Agreement.

 

  1. Entire Agreement:
    • This Agreement sets forth the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between them, whether written or oral, relating to the subject matter hereof.
    • Any modifications or amendments to this Agreement must be in writing and signed by both parties.
    • This Agreement shall not be assigned by either party without the prior written consent of the other party, except that either party may assign this Agreement to a successor in interest upon written notice to the other party.
    • This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

 

  1. Modification and Amendment
    • This Agreement may not be modified or amended except in writing signed by both parties.
    • Any attempt to modify or amend this Agreement, whether by course of conduct or otherwise, shall be null and void unless such modification or amendment is in writing and signed by both parties.
    • No waiver of any term or provision of this Agreement shall be deemed a waiver of any other term or provision, nor shall any waiver of any breach of this Agreement be construed as a waiver of any subsequent breach.

 

  • Governing Law.
    • This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to its conflict of laws principles.
    • Any legal action arising out of or relating to this Agreement shall be brought in the courts of the State of Alabama, and the parties hereby consent to the exclusive jurisdiction and venue of such courts.

 

  1. Arbitration.
    • Any dispute arising out of or relating to this Agreement, including but not limited to the validity, interpretation, or enforceability thereof, shall be resolved through arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
    • The arbitration shall take place in Alabama. The arbitrator shall be selected by mutual agreement of the parties or, failing such agreement within 30 days after the commencement of the arbitration, shall be appointed by the AAA. The arbitration shall be conducted in Alabama and shall be conducted in the English language.
    • The arbitrator shall apply the laws of the State of Alabama in making any award. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it in any court having jurisdiction thereof.
    • The prevailing party in any such arbitration shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection therewith.

 

  1. Counterparts:
    • This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

[Subcontractor Name]

By: ___________________________

Name: _________________________

Title: __________________________

Date: __________________________

XXXX RENOVATIONS

By: ___________________________

Name: _________________________

Title: __________________________

Date: __________________________

ZZZZ RENOVATIONS NON-COMPETE AND NON-DISCLOSURE AGREEMENT

This Non-Compete and Non-Disclosure Agreement (the “Agreement”) is made and entered into as of the [insert date] (the “Effective Date”), by and between ZZZZ RENOVATIONS whose place of business is located at [address] (the “Company”), and [insert subcontractor name] whose address is at[address] (the “Subcontractor”).

RECITALS

WHEREAS, the Company provides renovation services to its clients and uses the services of subcontractors to perform such services;

WHEREAS, in connection with the provision of such services, the Subcontractor may have access to confidential and proprietary information of the Company;

WHEREAS, the Company has a legitimate interest in protecting its confidential and proprietary information and in preventing the Subcontractor from competing with the Company after the Subcontractor’s engagement by the Company has ended;

WHEREAS, the Subcontractor is willing to agree to certain restrictions on the use of the Company’s confidential and proprietary information and on the Subcontractor’s ability to compete with the Company after the Subcontractor’s engagement by the Company has ended;

NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

  1. Confidential Information
    1. The term “Confidential Information” means any information or material, whether written, electronic, or oral, that is proprietary to the Company and not generally known to the public, including but not limited to information regarding the Company’s clients, products, services, business plans, financial information, pricing information, trade secrets, know-how, processes, techniques, and methods.
    2. The Subcontractor agrees that during the term of the engagement and thereafter, the Subcontractor will not disclose or use any Confidential Information of the Company, except as required in the course of performing the Subcontractor’s duties for the Company.

 

  1. Non-Compete
    1. The Subcontractor agrees that during the term of the engagement and for a period of [insert number of months/years] following the termination of the engagement, the Subcontractor will not, directly or indirectly, engage in any business or activity that is competitive with the Company’s business, including but not limited to the provision of renovation services to any client of the Company.
    2. The Subcontractor further agrees that during the term of the engagement and for a period of [insert number of months/years] following the termination of the engagement, the Subcontractor will not solicit or attempt to solicit any client of the Company for the purpose of providing services that are competitive with the Company’s business.
    3. The Subcontractor acknowledges that the restrictions set forth in this Section 2 are reasonable and necessary to protect the legitimate interests of the Company.

 

  1. Return of Company Property
    1. The Subcontractor agrees that upon termination of the engagement, the Subcontractor will promptly return to the Company all property of the Company in the Subcontractor’s possession or control, including but not limited to Confidential Information, documents, data, equipment, and materials.

 

  1. Remedies
    1. The Subcontractor acknowledges that a breach of any of the provisions of this Agreement may cause irreparable harm to the Company, for which the Company may not have an adequate remedy at law.
    2. The Subcontractor agrees that in the event of any such breach, the Company shall be entitled, in addition to any other remedies available to it at law or in equity, to seek injunctive relief to enforce the provisions of this Agreement, without the need to post bond or other security.

 

  1. Indemnification
    • The Subcontractor agrees to indemnify and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, expenses, or other losses arising out of or in connection with any breach by the Subcontractor of the provisions of this Agreement.

 

  1. Binding Nature and Assignment.
    • This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
    • The Subcontractor may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Company.
    • The Company may assign or transfer any of its rights or obligations under this Agreement to any entity acquiring all or substantially all of the Company’s assets or business, provided that such entity agrees to be bound by the terms of this Agreement.

 

  1. Entire Agreement:
    • This Agreement sets forth the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between them, whether written or oral, relating to the subject matter hereof.
    • Any modifications or amendments to this Agreement must be in writing and signed by both parties.
    • This Agreement shall not be assigned by either party without the prior written consent of the other party, except that either party may assign this Agreement to a successor in interest upon written notice to the other party.
    • This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

 

  1. Modification and Amendment
    • This Agreement may not be modified or amended except in writing signed by both parties.
    • Any attempt to modify or amend this Agreement, whether by course of conduct or otherwise, shall be null and void unless such modification or amendment is in writing and signed by both parties.
    • No waiver of any term or provision of this Agreement shall be deemed a waiver of any other term or provision, nor shall any waiver of any breach of this Agreement be construed as a waiver of any subsequent breach.

 

  • Governing Law.
    • This Agreement shall be governed by and construed in accordance with the laws of the State of KKKK, without giving effect to its conflict of laws principles.
    • Any legal action arising out of or relating to this Agreement shall be brought in the courts of the State of KKKK and the parties hereby consent to the exclusive jurisdiction and venue of such courts.

 

  1. Arbitration.
    • Any dispute arising out of or relating to this Agreement, including but not limited to the validity, interpretation, or enforceability thereof, shall be resolved through arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
    • The arbitration shall take place in Alabama. The arbitrator shall be selected by mutual agreement of the parties or, failing such agreement within 30 days after the commencement of the arbitration, shall be appointed by the AAA. The arbitration shall be conducted in Alabama and shall be conducted in the English language.
    • The arbitrator shall apply the laws of the State of KKKK in making any award. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it in any court having jurisdiction thereof.
    • The prevailing party in any such arbitration shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection therewith.

 

  1. Counterparts:
    • This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

[Subcontractor Name]

By: ___________________________

Name: _________________________

Title: __________________________

Date: __________________________

KKKK RENOVATIONS

By: ___________________________

Name: _________________________

Title: __________________________

Date: __________________________

 

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )