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Non-Competition Agreement
NON-COMPETITION AGREEMENT
FOR CONSIDERATION RECEIVED, this agreement made this day of [Date of Agreement], by and between [Name of Principal], hereinafter referred to as the "principal" and [Name of Consultant], hereinafter referred to as the "Consultant".
WHEREAS, the Principal desires to engage the services of the Consultant to assist the Principal in the operation of its business, it is agreed as follows:
1. Purpose. The Principal engages the Consultant to assist the Principal in the operation of its business.
2. Term. This agreement shall commence on [First Date of Term] and shall terminate on [Last Date of Term].
3. Disclosure of Information. The Consultant acknowledges that the list of the Principal's customers as it may exist from time to time is valuable, special and unique asset of the Principal's business. The Consultant shall not, during or after the term of this agreement, disclose the list of the Principal's customers or any part thereof to any person, firm, corporation, association or other entity for any reason or purpose whatsoever. In the event of a breach or threatened breach by the Consultant of the provisions of this paragraph, the Principal shall be entitled to an injunction restraining the Consultant from disclosing, in whole or in part, the list of the Principal's customers or from rendering any services to any person, firm, corporation, association or other entity to whom such list, in whole or in part, has been disclosed or is threatened to be disclosed. Nothing herein shall be construed as prohibiting the Principal from pursuing any other remedies available to the Principal for such breach or threatened breach, including the recovery of damages from the Consultant.
4. Notices. Any notice required or desired to be given under this agreement shall be deemed given if in writing sent by certified mail to his or her residence in the case of the Consultant or to its principal office in the case of the Principal.
5. Assignment. The Consultant acknowledges that the services to be rendered by him or her are unique and personal. Accordingly, the Consultant may not assign any of his or her rights or delegate any of his or her duties or obligations under this agreement. The rights and obligations of the Principal under this agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the Principal.
6. Status of Consultant. The Consultant is engaged as an independent contractor and shall be treated as such for all purposes, including, but not limited to, federal and state taxation, withholding, unemployment insurance and worker's compensation. The Consultant will not be considered an employee for any purpose.
7. Entire Agreement. This agreement contains the entire understanding of the parties. It may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
Principal Consultant
WITNESS: