This Non-compete Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ___ day of __ 2021 (the “Effective Date”), between Loa Pele owner of BearDozers LLC, Contact Info: _________________________, (herein referred to as the “Contractor”) and _______________, Contact Info: _____________________, (hereinafter referred to as the “Subcontractor”).
WHEREAS, Subcontract as covered under this Agreement shall include but not limited to general contractors, electricians, handymen, landscapers, plumbers, construction crews, and service maids.
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
The initial term of this Agreement shall be indefinite commencing on the Effective Date herein.
- The Subcontractor shall not, during the term of this Agreement or upon termination/cancellation of the Subcontractor Agreement between the Parties,
- Use any ideas, concept, knowledge and/or trade secrets shared herein to start a similar business as one operated by the Company and in close proximity in location with the Company.
- Offer the same or similar services as those offered by Company.
- Use or adopt or purport to use or adopt the logo or brand name or any trade or business name of the Company for any purpose, commercial or otherwise.
- Interfere or seek to interfere or take such steps as may interfere with the continuance of the Company ideas, relationship with their clients, customers or partners, or any other actions that hinder the smooth flow of the Disclosing Party’s business, goals and/or mission.
- The Subcontractor acknowledges and understands that in the case of communication with the Company’s customers/clients, such communication shall only be through the Company. The Subcontractor shall not, directly or indirectly, call, contact or communicate with the customers/clients without prior written notice and consent from the Company.
- The Subcontractor shall not, during the term of this Agreement and/or upon the termination/cancellation of the Subcontractor Agreement between the Parties, solicit, negotiate, and/or contact directly or indirectly, any other Company’s customers/clients with the aim of conducting business with them.
- ATTORNEY’S FEE.
If one party commences any action or proceeding against the other to enforce the terms of this Agreement, the prevailing Party will be entitled to an award against the other Party for all reasonable attorneys’ fees, costs and expenses incurred by the prevailing Party in connection with the action or proceeding and in connection with the enforcement of any judgment or order the prevailing party obtains.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- GOVERNING LAW/JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of _____________ [State/Country]. Exclusive jurisdiction and venue shall be in ___________ [State/Country].
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: _____________ _________________________ ___________
(SIGNATURE) (NAME) (DATE)
SUBCONTRACTOR: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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