Employee Restrictive Covenant Agreement

EMPLOYEE RESTRICTIVE COVENANT AGREEMENT

Parties and Effective Date

This Employee Restrictive Covenant Agreement (the Agreement) is entered into between Employer Name: and Employee Name: , effective as of Effective Date: (Effective Date).

Personal Information

Position Information

Employment History (Most Recent)

Dates Employed: From to

Employment History (Prior)

Dates Employed: From to

Education

References

Legal Disclosures and Acknowledgments

At-Will Employment Statement: The employment relationship between Employer and Employee (if employed) is at-will unless expressly set forth in a separate written agreement signed by an authorized representative of Employer. Nothing in this Agreement alters the at-will status of employment unless expressly stated in writing and signed by both parties.

Equal Opportunity Employer Statement: Employer prohibits discrimination and harassment and makes employment decisions based on qualifications, merit and business needs. Employee acknowledges receipt of Employer’s equal opportunity statement.

Authorization to Contact: Employee authorizes Employer to contact prior employers and references and to obtain background checks, credit checks to the extent permitted by law, and other verifications as reasonably necessary to verify information provided by Employee and to assess Employee’s eligibility for employment or continued employment. Employee consents to such inquiries by checking the consent box below.

Consent to Background Check: I consent to Employer conducting background and reference checks and obtaining consumer reports as permitted by law.

Restrictive Covenants and Consideration

Consideration: In exchange for the mutual promises contained in this Agreement and other good and valuable consideration, Employee's receipt of which is hereby acknowledged, Employer grants the rights set forth herein. Specify consideration (if cash or bonus is provided): Amount (if applicable):

Confidential Information: Employee agrees that during employment and at all times thereafter, Employee shall hold in strict confidence and not use or disclose to any third party any Confidential Information of Employer, including but not limited to trade secrets, customer lists, pricing, business plans, proprietary technical data, and other non-public information provided or learned during employment.

Non-Competition Covenant: For the period of months following termination of Employee’s employment for any reason, Employee shall not, directly or indirectly, engage in or be employed by any business that competes with Employer within the Geographic Scope: . The parties acknowledge that the duration and scope are reasonable to protect Employer’s legitimate business interests.

Non-Solicitation of Customers and Clients: During employment and for months following termination, Employee shall not solicit, contact, or attempt to obtain business from any customer, client or prospective customer of Employer with whom Employee had material contact on behalf of Employer within the twelve (12) months preceding termination.

Non-Solicitation of Employees: During employment and for months following termination, Employee shall not solicit or induce any employee or contractor of Employer to terminate or reduce their relationship with Employer.

Assignment of Inventions: Employee agrees that all inventions, discoveries, improvements, processes, software, data, and works of authorship conceived or developed by Employee, alone or with others, during the period of employment and that relate to Employer’s business or result from use of Employer resources, shall be the sole property of Employer. Employee shall disclose such inventions and execute assignments and other documents necessary to vest ownership in Employer.

Return of Employer Property: Upon termination of employment, Employee shall immediately return all Employer property, documents, records, electronic files, keys, access cards, and other materials containing Confidential Information.

Remedies; Enforcement

Remedies and Injunctive Relief: Employee acknowledges that breach of the covenants in this Agreement will cause Employer irreparable harm for which monetary damages may be an inadequate remedy. Employer shall be entitled to seek injunctive or equitable relief in addition to any other remedies available at law or in equity, including recovery of reasonable attorneys’ fees and costs incurred in enforcing this Agreement.

Reasonableness and Modification: If any provision of this Agreement is found to be unenforceable as written, a court may reform the provision to the extent necessary to render it enforceable, consistent with the original intent of the parties. The invalidity of a particular provision shall not affect the remainder of this Agreement.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

Entire Agreement; Amendment: This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements and understandings. Any amendment must be in writing and signed by both parties.

Survival: The covenants, obligations and restrictions contained in this Agreement that by their nature extend beyond termination of employment shall survive such termination for the periods specified.

Acknowledgments

Employee acknowledges that Employee has read and understands this Agreement, has had the opportunity to seek independent legal advice, and enters into this Agreement voluntarily and with full knowledge of its terms. Employee acknowledges that the restrictions set forth are reasonable in scope and necessary to protect Employer’s legitimate business interests.

Employee Acknowledgment: I acknowledge that I have read, understand, and agree to the terms of this Agreement.

Applicant Certification (Disclosure)

I certify that all information provided in this form is true, complete and accurate to the best of my knowledge. I understand that any misrepresentation or omission may be grounds for disciplinary action, up to and including termination of employment.

Consent to Contact Prior Employers and References: I authorize Employer to contact prior employers and references to verify the information provided.

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