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Noncompetition Agreement between Employer and Employee with Regard to Disc Jockey Business Agreement between ____________________ (Name of Employee) of ______ ____________________________________________________________________ (street address, city, state, zip code) , referred to herein as Employee, and _________________________ (Name of Employer), of _______________________ ___________ ____________________________________ (street address, city, state, zip code) , d/b/a _______________________ (Name of Business), referred to herein as Employer . Whereas, Employer is engaged in the mobile disc jockey business; and Whereas, Employee is employed by Employer as a ______________________ _______________________________________________________________________ _______________________________ (name or description of position); and Whereas, Employer desires to obtain assurance that Employee will not compete with Employer or solicit its customers or its other employees during the term of employment and for a reasonable period of time after termination of employment and Employee is willing to agree to these terms. Now, therefore, for and in consideration of the continuation of Employee’s employment with Employer, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. During Employee's employment, Employee will not engage in any other business activity which, in the reasonable judgment of the Employer, conflicts with the duties of Employee under this Agreement, whether or not such activity is pursued for gain, profit or other pecuniary advantage. 2. During Employee's employment by Employer and for a period expiring one (1) year after the termination of Employee's employment for any reason, Employee covenants and agrees that Employee will not: A. Directly, indirectly, or otherwise, own, manage, operate, control, serve as a consultant to, be employed by, participate in, or be connected, in any manner, with the ownership, management, operation or control of any business that competes with Employer’s business. B. Hire, offer to hire, entice away or in any other manner persuade or attempt to persuade any employee of Employer to alter or discontinue a relationship with Employer or to do any act that is inconsistent with the interests of Employer; or C. Directly or indirectly solicit, have contact for purposes of selling services to (except on behalf of Employer), divert, take away or attempt to solicit, divert or take away any customers of Employer. 3.Employer and Employee agree that: this Agreement does not impose an undue hardship on Employee and is not injurious to the public; that this Agreement is necessary to protect the business of Employer, and the scope of this Agreement is reasonable in terms of length of time and geographic scope; and adequate consideration supports this Agreement. 4. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 5. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 6. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 7. Notices Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 8. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 9. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 10. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 11. CounterpartsThis Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 12. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (Printed Name of Employer) (Printed Name of Employee) ________________________ _________________________ (Signature of Employer) (Signature of Employee)