This Non-Compete Agreement (the ‘Agreement’) is made effective as of
______________________ by and between SWIM ON (‘Employer’) AND
________________________________ (‘Employee’). Individually referred to as ‘Party’,
collectively referred to as ‘Parties’. The Parties intend to be legally bound as follows:
1. Non-Compete Covenant. During the subsistence of this relationship and after
the separation of the relations for any reason, the Employee will not directly or
indirectly engage in any business that competes with Swim On. Directly or
indirectly engaging in any competitive business includes, but not limited to:
starting up a virtual swim website, becoming interested directly or indirectly in
any such business; or soliciting any customer of Swim On for the benefit of a
third party that is engaged in such business.
2. Confidentiality. The Employee will not at any time or in any manner, either
directly or indirectly, use for the personal benefit of the Employee, or divulge,
disclose, or communicate in any manner any information that is proprietary to
Swim On. The nature of the information and the manner of disclosure are such
that a reasonable person would understand it to be confidential. The Employee
will protect such information and treat it as strictly confidential.
3. Injunction. It is agreed that if the Employee violates the terms of this Agreement,
irreparable harm will occur, and money damages will be insufficient to
compensate the Employer. In the event of a breach of this Agreement, the
Employer will be entitled to an injunctive relief i.e. a court order that requires all
parties to comply with this Agreement.
4. Entire Agreement. This Agreement contains the entire Agreement of the parties
regarding the subject matter of this Agreement, and there are no other promises
or conditions in any other Agreement, whether oral or written.
5. Applicable Law. This Agreement shall be governed by the laws of
IN WITNESS WHEREOF, the Parties intend to be legally bound as follows:
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