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This NON-COMPETE AGREEMENT is made and entered into as of the date listed in the signature block as of Date Executed below, by and between Dragonfly Permanent Makeup Salon Inc., Headquarters located at 814 S College Rd, Ste C, Wilmington, North Carolina 28403, May be referred to as the “Company” and the Employee/Trainee/Individual: ___________________________________________. Employee/Trainee/Individual may be referred to individually as the “Party”, or collectively, the “Parties”.
Throughout the duration of this Agreement the Party shall not, in any manner, represent, provide services, or engage in any aspects of business that would be deemed similar in nature to the business of Dragonfly Permanent Makeup Salon Inc. without the written consent of Dragonfly Permanent Makeup Salon Inc.
The Party warrants and guarantees that throughout the duration of this Agreement and for a period of 2 years following the culmination, completion or termination of this agreement, that the party shall not directly or indirectly engage in any business that would be considered similar in nature to the business engaged in by Dragonfly Permanent Makeup Salon Inc., it’s subsidiaries and any current or former clients and/or customers within a 30-mile radius of Wilmington, North Carolina.
Party understands and agrees that any attempt on the part of Recipient to induce Company’s employees to leave Company’s workforce, or any effort by Party to interfere with Company’s relationship with its employees would be harmful and damaging to Company. Party agrees that during the duration of this Agreement, and for a period of 2 years following the culmination, completion or termination of this Agreement, Recipient will not in any way, directly or indirectly:
(i) Induce or attempt to induce any employee to quit employment with Company.
(ii) Otherwise interfere with or disrupt Company’s relationship with it’s employees.
(iii) Discuss employment opportunities or provide information about competitive employment to any of Company’s employees, or its competitors
(iv) Solicit, entice, or hire away any employee of Company for the purpose of an employment opportunity that is in competition with Company.
3. CONFIDENTIAL INFORMATION
By definition herein, “Confidential Information” shall mean any and all technical and non-technical information provided by Dragonfly Permanent Makeup Salon Inc., including but not limited to, any data, files, reports, accounts, or any proprietary information in any way related to products, services, processes, database, plans, methods, research, development, programs, software, authorship, customer lists, vendor lists, suppliers, marketing or advertising plans, methods, reports, analysis, financial or statistical information, and any other material related or pertaining to any business of Dragonfly Permanent Makeup Salon Inc., it’s subsidiaries, respective clients, consultants or vendors that may be disclosed to the Party herein contained within the terms of this Agreement.
The Party shall not in any manner or form, at any time disclose, reveal, unveil, divulge or release, either directly or indirectly, any aforementioned proprietary or confidential information for personal use or for the benefit of any third party and shall at all times endeavor to protect all CONFIDENTIAL information belonging to the Company.
4. INJUNCTIVE RELIEF
The Party herein acknowledges (i) the unique nature of the protections and provisions established and contained within this Agreement, (ii) that the Company shall suffer irreparable harm if the Party should breach any of said protections or provisions, and (iii) that monetary damages alone would be inadequate to compensate the Company for said breach. Therefore, should the Recipient cause a breach of any of the provisions contained within this Agreement, the Company shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce said provisions.
5. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between Company and Party, replacing all other written and/or previous agreements.
This Agreement may be amended only by an instrument in writing that is signed by both Parties. Amendments to this Agreement will be effective as of the date stipulated therein.
Company and Party acknowledge that this Agreement is reasonable, valid and enforceable. However, if any term covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the Parties’ intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
If either Party fails to enforce any provision contained within this Agreement, it shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
9. GOVERNING LAW
This Agreement is to be construed pursuant to the current laws of the State of North Carolina. Jurisdiction and venue for any claim arising out of this agreement shall be made in the State of North Carolina, in the County of New Hanover.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
12. SUCCESSORS AND ASSIGNS
Except as otherwise provided in this Agreement, this Agreement is binding upon, and insures to the benefit of, the Parties and their respective successors and assigns.
13. EFFECT OF TITLE AND HEADINGS
The title of this Agreement and the headings of its sections are included for convenience and shall not affect the meaning of the Agreement or the section.
14. ATTORNEYS FEES
If any legal proceeding is brought for the enforcement of this Agreement, or because of an alleged breach, default or misrepresentation in connection with any provision of this Agreement or other dispute concerning this Agreement, the successful or prevailing party shall be entitled to recover it’s costs in the proceeding under applicable law, or the party designated as such by the court.
INWITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates written below.
Dragonfly Permanent Makeup Salon Inc.
814 S College Rd Ste C
Wilmington, North Carolina 28403
Shannon Mackay Party: _______________________________
(Date Executed) (Date Executed)