Fill and Sign the Covenant Not Compete Form

Covenant not to Compete Agreement between Employee and Medical Staffing Agency Agreement made on the ____________________________ (date) , between ___________________________________________ (Name of Medical Staffing Agency) , a corporation organized and existing under the laws of the state of _____________________, with its principal office located at ______________________________________________________ _____________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as MSA ; and __________________________________ (Name of Nurse or Therapist) of ________________ ______________________________________________________________________________ _____________ (street address, city, county, state, zip code) , referred to herein as Employee ; Whereas, MSA is a Medical Staffing Agency and employs nurses and therapists to be placed for contract and per diem work with clients of MSA ; and Whereas, prior to the placement of said nurses and therapists with the clients of MSA, MSA does all of the processing, drug screening, and background checks in preparation for our said employees to work for the clients of MSA ; and Whereas, MSA strives to only submit employees to their clients that have passed such drug screening and background checks and completed certain other requirements set by and paid for by MSA ; NOW, THEREFORE, the undersigned Employee and MSA agree as follows: 1. Covenant Not to Compete A. The undersigned Employee, recognizes that during his/her employment with MSA , MSA will make a substantial direct investment in the processing, drug screening, and background checks of Employee and Employee will have completed certain other requirements set by and paid for by MSA . Employee also recognizes that MSA has worked hard to develop and maintain its goodwill and reputation and has a legitimate interest in maintaining both the goodwill and reputation. In consideration of the employment of Employee and the investment MSA will make in development of the skills and knowledge of Employee , and as a critical part of Employee’s entire employment agreement with MSA , the undersigned Employee agrees that at no time during his/her employment with MSA , or for a period of ______ months immediately following the end of Employee’s voluntary or involuntary employment with MSA , will Employee , for Employee or on behalf of any person, corporation or entity other than the MSA , engage in the field of ( e.g., nursing or therapy) with a client or potential client of MSA . B. Employee further agrees that during this period he/she will not, directly or indirectly, solicit or attempt to solicit the business or patronage of any person, corporation or entity in competition with MSA nor will Employee service contracts and accounts involving ( e.g., nursing or therapy) for any person, corporation or other entity other than MSA . C. Employee further agrees that in the event that MSA believes the undersigned Employee has violated this Covenant Not To Compete: i. It may notify any other person, corporation or entity of the existence of this Covenant Not To Compete; ii. Will be entitled to full injunctive relief from any breach of this Covenant Not to Compete, and will be entitled to recover from the undersigned Employee its actual damages, punitive damages, attorney = s fees, and costs incurred because of the breach. 2. Reasonableness of Covenant Not To Compete A. The undersigned Employee agrees that this Covenant Not To Compete is reasonably necessary to protect the MSA = s legitimate interests and does not impose an undue hardship on Employee . B. If any restriction set forth in this Section 1 is found by any court of competent jurisdiction to be unenforceable because it extends for too long a period of time or over too great a range of activities or in too broad a geographic area, it shall be interpreted to extend only over the maximum period of time, range of activities or geographic area as to which it may be enforceable. 3. Governing Law The parties agree that this Agreement shall be governed by and construed pursuant to the laws of ________________________ ( state) . WITNESS our signatures this the day of ______ , 20____. _________________________ ______________________________ MSA EMPLOYEE