Employment Agreement with Noncompetition and Confidentiality Provisions

Employment Agreement Between Health Club and Employee with Noncompetition and Confidentiality Provisions

Employment agreement made on the day of , 20, between

of ,

referred to herein as Employee, and , Inc., a corporation organized and existing under the laws of the state of , with its principal office located at ,

referred to herein as Employer.

Whereas, Employer has extended an offer of employment to Employee, and Employee accepts such offer, on the terms and conditions set forth below;

Now, therefore, for and in consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, the parties agree as follows:

1. Employment

Employer hereby employs Employee, and Employee accepts employment with Employer, on the terms and conditions set forth in this Agreement.

2. Term of Employment

This Agreement is effective as of the day of , 20, and shall remain in effect until , subject to the termination provisions of this Agreement.

The parties agree to meet to discuss a new employment contract no less than before . Unless otherwise extended, modified, or terminated, employment of Employee under this Agreement shall be on a month-to-month basis after the original term ends. A month-to-month contract is terminable by either party by giving written notice to the other party.

3. Duties

Employee is engaged to for Employer.

Employer has the power to determine Employee's specific duties, and the manner in which Employee carries out his/her duties. Employer has discretion in setting the days of the week and hours in which Employee is to perform Employee's duties. However, Employer shall not compel Employee to work more than a normal work week composed of .

Employee agrees to devote the time and attention necessary to perform Employee's duties in a satisfactory manner.

4. Exclusive Service

Employee agrees that any money earned by Employee from the performance of Employee's duties pursuant to this Agreement belongs to Employer.

5. Compensation

During the term of this Agreement, Employer shall pay Employee an annual salary of $ for services performed on Employer's behalf.

Employee's salary shall be paid to Employee in installments of $.

6. Fringe Benefits

In addition to the compensation Employee receives pursuant to Paragraph 5 of this Agreement, Employee is eligible for participation in the fringe benefit programs established by Employer on fulfillment of the eligibility requirements for each program.

Employer has established the following fringe benefit programs:

Employer may, without notice, modify or discontinue any fringe benefit program which it maintains.

7. Expenses

Employer agrees to reimburse Employee for all expenses reasonably incurred in performing duties pursuant to this Agreement such as expenses for travel undertaken on behalf of Employer and fees for educational programs relevant to Employee's cosmetology license. However, no such fees shall be reimbursed with prior written approval of Employer.

8. Vacation

Employee is entitled to a paid vacation of weeks per year.

9. Work Facilities

Employer shall furnish Employee all equipment and technical support necessary to the performance of Employee's duties pursuant to this Agreement.

10. Trade Secrets

Employee agrees not to disclose to any person or entity any information regarding the business of Employer, including its customers, products, prices, and manner of operations, without first obtaining Employer's written consent. If Employee breaches this section, Employer shall be entitled, among other remedies, to injunctive relief prohibiting Employee from disclosing such information. This section shall survive termination of this Agreement.

11. Noncompetition

On termination of this Agreement, Employee agrees that Employee will not engage in the health club industry within a radius of miles from any office of Employer, for a period of years.

Employee agrees that this noncompetition section is necessary to protect Employer's business, and that Employee's violation of this paragraph would result in irreparable harm to Employer. If Employee breaches this paragraph, Employer shall be entitled to injunctive relief in addition to any other remedies legally available. This section shall survive termination of this Agreement.

12. Termination of Employment

This Agreement and the employment relationship between Employer and Employee shall terminate on the occurrence of any of the following events:

A. Employer's discharge of Employee for reasonable cause;

B. Employee's failure or refusal to adequately perform the duties of employment with Employer;

C. Employee's failure or refusal to adhere to the terms of this Agreement, or to reasonable policies and regulations established by Employer.

D. Employee acting in a manner which is detrimental to Employer's reputation in the community or in the health club industry.

E. The death of Employee during the term of this Agreement. Employer shall pay to Employee's estate any unpaid compensation earned by Employee prior to Employee's death.

14. Notice

Any notice required pursuant to this Agreement shall be in writing, and sent by registered or certified mail to Employer's principal office and Employee's last-known address.

15. Governing Law

This agreement shall be governed by the laws of .

16. Modification

This Agreement represents the entire Agreement between Employer and Employee. No modification of this Agreement is valid unless it is in writing and signed by the parties.

17. Assignment

This Agreement is not assignable.

18. Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

WITNESS our signatures as of the day and date first above stated.