Posted: November 9th, 2022

Intellectual Property Contract

Intellectual Property Contract

Non-Compete Agreement

This is a Non-compete Agreement between Sandra and Too Strange To Eat Bakery. This Agreement will come to effect on _____

In light of a chef employment opportunity that Too Strange To Eat Bakery is offering, you, meaning to be bound by law, consent to the following:

1. Agreement term. This Agreement shall come to effect on the effective date as indicated above, and will continue to be in effect all through your employment term with the Bakery and for a period of 2 years afterwards.

2. Agreement limitations. This Agreement is not an employment contract. Neither the company nor you are obliged to any explicit employment term. This Agreement is restricted to the issue of covenants not to compete as defined in this agreement.

3. Employee Acknowledgements. You agree that you have been given the chance to discuss this agreement, have been given the chance to seek advice and guidance from a lawyer prior to signing this agreement, and that the limitations given here are reasonable and a necessity for the business interests of this Company (Betterteam, 2019). Lastly, you concur that these limitations are logical and do not comprise a threat to your livelihood as a chef.

4. Not to Compete Covenant. You concur that during the period you will be working in the Company at no time will you involve yourself in any business activity which competes with the Company nor get employed with any organization that is this Company’s competitor.

5. For a 2 year period immediately after your employment with this Company is terminated, You are restricted, for personal or on any other individual or business enterprise’s behalf from taking part in any business engagement that seeks to compete with this Company within 0.5 miles of the organization in which you were an employee.

6. Non-solicitation. In the course of the employment term, and for a 2 year period thereafter, you concur that you will not try to obtain any worker or autonomous contractor of the Company on any other organization’s behalf, nor will you persuade any worker or autonomous contractor linked to the Company to end or violate an employment, contractual or other relationship with the Bakery.

7. Soliciting Clients After Agreement Termination. 2 years following your termination of your employment as a worker of this Company, and the subsequent termination of your relationship with this Company, you will be required to restrain from directly or obliquely, revealing to any individual, company or firm the personal information of any of the Company’s clients or any other information that relates to them. You are also forbidden from calling on, soliciting, taking away, or trying to contact, or stealing any Company’s client on whom you have contacted or whom you became close during your employment term, as the direct or oblique consequence of your working with the Company as an employee.

8. Injunctive Relief. You herewith agree i) that the Company will experience harm that is irreparable if you go on to violate your obligations as indicated in this agreement; and ii) that financial damages will not be sufficient to reimburse the Company for such an infringement. For this reason, if you go on to breach the terms of this agreement, the Company shall have the right to injunctive relief, coupled with any other remedies at equity or law, to put into effect such terms.

9. Severable Provisions. The terms as indicated in this document are severable. Therefore, if one or more of these terms may be established to be unlawful or else not enforceable, wholly or partly, the rest of the terms and any partly unenforceable terms to the degree enforceable will however be considered binding and enforceable.

10. Adjustments. Modifications or adjustments to this Agreement may only be done through a writing that is carried by both you and the Company.

11. Previous Understandings. This Agreement comprises the whole agreement between the employee and the Company with reference to this Agreement’s subject matter. Therefore, the Agreement surpasses all agreements, understanding, or representations made previously.

12. Waiver. Any relinquishment of a default in this Agreement should be accomplished through writing and will not be a relinquishment of any other evasion regarding a similar or any other term of this Agreement. No omission or delay in the implementation of any remedy or right will weaken such remedy or right or be created as a relinquishment. An approval or consent to any action will not be considered to relinquish or render unnecessary approval or consent to any other or consequent act.

13. Applicable law. This Agreement and the explanation of its terms will be presided over by and interpreted according to the States of Florida, Georgia and Carolina where the business operates and sells its products (PandaDoc, 2020). You concur to submit to the venue and jurisdiction of any court of capable jurisdiction in the aforementioned states without regarding to inconsistency of laws’ terms, for any allegation that arise out of this Agreement.

In WITNESS WHEREOF, both parties concur to the above provisions and provide their consent and authority to this agreement as follows:

Date__________ [TOO STRANGE TO EAT BAKERY]
By_________________________________

By signing the document below you agree to reading and comprehending the preceding Agreement, that you agree to adhere to all this Agreement’s provisions, and that you have gotten this Agreement’s copy.

Date__________ ___________________________________
Employee

Resource

I was fortunate enough to find a variety of resources that would help me to draft the non-compete clause, but I chose to settle on the “Law insider” resource. The resource provided many non-compete clause samples, and reading through them, I was able to get a clue on kind of content this clause should contain. And by the help of the other two resources, I was able to identify the sub-sections that I would include in the clause. I trusted the Law insider resource because it is up to date. As such, Law Insider is a subscription based clause and contract database that is created to Help contract professionals. It is powered by machine learning, and for this reason, it is able to update with new fully indexed clauses and contracts on a daily basis. This means that the information found in the database is always up to date and not obsolete; therefore, the information is applicable to our contemporary society. I also used the resource because it is reliable. Law insider is one of the top ranked legal research sites for clauses, defined terms and contracts. Furthermore, it is one of the biggest freely searchable clause and contract databases in the globe with more than two-hundred and fifty thousand registered users, and 4 million monthly page views. The fact that it has thousands of viewers (legal professional) and millions of views is an indication of its reliability and credibility; as such, it can be trusted. Also, being ranked at the top is an indication that the services it provides are satisfactory.

References

Betterteam. (2019, July 26). Non compete agreement template [Free download]. Retrieved from https://www.betterteam.com/non-compete-agreement-template

Law insider. (n.d.). Non-compete sample clauses. Retrieved from https://www.lawinsider.com/clause/non-compete

PandaDoc. (2020, May 21). Non-compete agreement template. Retrieved from https://www.pandadoc.com/non-compete-agreement-template/

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