NON-COMPETE AGREEMENT
This Non-Compete Agreement (hereinafter referred to as the “Agreement”) is made
between Designer Wig LLC, DBA Designer Wig Outlet, 6017 E McKellips rd suite
109, Mesa, AZ 85215, (hereinafter referred to as the “Company”) and Chelsea
Green
and Michele Stauss (hereinafter referred to as the “Employees”). Together referred
to as “parties.”
The parties agree as follows; –
1. Term.
The parties herein agree that the terms of this Agreement shall exist from September
2022 until any time when employment ends voluntarily or involuntarily.
2. Confidential Information.
Parties herein agree that Confidential information is proprietary information relating
to the Company’s business, including but not limited to business and financial
records, intellectual property, proprietary data, and any other information that is
disclosed that will affect the business of the Company.
The parties agree that all trade secrets and confidential information disclosed to the
employees during their relationship before termination of the agreement will be kept
strictly confidential and will further provide means to ensure complete protection to
the Company should a question of unauthorized use or disclosure of such
information arise.
The employees agree that the Confidential Information is of extreme value to the
Company and would cause irreparable harm to the Company if disclosed to other
persons or utilized by the employee or the employee’s agents for unauthorized
purposes.
3. Non-Compete.
For the entire period of this agreement, the employees will not engage in any
capacity in sales or service of wigs, hair extensions, toppers, and related hairpieces
at any time after severing employment either voluntarily or involuntarily.
The employee agrees and acknowledges that they will not contact any employees
and customers of the company Designer Wig Outlet in any capacity related to wigs if
they discontinue employment.
4. Geographical Area.
The provision and terms of this agreement shall only be applicable within 15 miles of
the location of the company, Mesa, Arizona, USA 85215.
5. Time Limit.
Parties further agree that the employees will not work in any capacity in the wig
industry in any location or online for 12 months after ending employment at Designer
Wig LLC.
6. Compensation.
Considering the terms and obligations herein, the employees will receive a yearly
pay increase in reasonable consideration of job duties, ability to perform duties, and
competing with inflation
7. Intellectual Property.
The Company’s ideas and products are intellectual properties that are copyrighted
and trademarked.
8. Dispute/Conflict Resolution.
In the event of a dispute between the parties herein, the parties shall refer the
dispute to litigation by a court of competent authority.
Parties shall bear their costs for the mediation.
9. Reliefs/remedies.
The Employees agree that the violation of any covenant contained in this Agreement
may cause immediate and irreparable harm to the Company, the amount of which
may be difficult or impossible to estimate or determine.
Suppose the employees violate any covenant contained in this Agreement. In that
case, the Company shall have the right to equitable relief by injunction or otherwise,
in addition to all other legal rights and remedies.
10. Governing Law.
This Agreement shall be governed and construed by the laws of the State of Arizona.
11. Severability.
If any part of this Agreement is deemed invalid or unenforceable, the same shall be
severed from this Agreement, and the remaining provisions shall continue to be in
effect.
12. Waiver.
The failure of any party to exercise any right or provision of this Agreement shall not
be a waiver of any prior or subsequent rights.
13. Assignment.
The employees herein may not assign or transfer their rights or obligations under this
Agreement. However, the Company may assign the rights and responsibilities in the
event of a merger or consolidation.
14. Acknowledgments.
The employees acknowledge that they have been provided with the opportunity to
negotiate this agreement and have had the opportunity to seek legal counsel before
signing this agreement and that the restrictions imposed are fair and necessary for
the Company’s business interest.
The employees further agree that these restrictions are reasonable and do not
constitute a threat to their livelihood.
THE COMPANY; –
Name: Haley McCoy
Signature:
_________________________
Designation: Owner
Date:
_____________________________
THE EMPLOYEES; –
Name: Chelsea Green
Signature:
_________________________
Designation:
_______________________
Date:
_____________________________
Name: Michele Stauss
Signature:
_________________________
Designation:
_______________________
Date:
_____________________________
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