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NON-COMPETE AGREEMENT AND CONFIDENTIALITY AGREEMENT FOR EMPLOYEE

  • NON-COMPETITION AND NON-SOLICITATION AGREEMENT

    This Non-Competition and Non-Solicitation Agreement (hereinafter referred to as
    “Agreement”) is made this _ day of ___ month, year, by and between Detail Maid
    Services, LLC a Texas limited liability company doing business as Detail Cleaning
    Services (together hereinafter referred to as “Company ”), and (Name) (hereinafter
    referred to as “Employee’”). The parties together shall be referred to as “Parties”.

    The Parties agree to the following non-competition provisions. The Parties agree that
    the consideration for these non-competition provisions are severable and that the failure
    of any or more sources of consideration shall not affect the validity and binding nature of
    this Agreement with respect to the remaining sources of consideration.

    The Parties further agree that these non-competition provisions are necessary to protect
    the business interests of the Company and are made in express reference to and
    satisfaction of the laws of Texas. Employee acknowledges that it is privy to and will or
    has had access to proprietary, trade secret, and confidential information and that as a
    result of this would be in a position to do substantial harm to the Company where
    Employee to engage in activities competitive with the Company.

    Employee agrees that, commencing as of the date hereof and during the term of the
    Agreement and for a period of TWO (2)years after termination of Employee’s interest in
    Company for any reason, Employee shall not, directly or indirectly, through any other
    person, firm or company, whether for Employee or as agent on behalf of any other
    person or entity, and whether on its own behalf, or on behalf of a third party as
    consultant, agent, principal, lender, partner, officer, director, stockholder, manager, or
    Employee or otherwise, with or without compensation, within ten (10) miles from the
    location of the main business office of the Company:

    (i) Provide services which are competitive with the Company;
    (ii) Provide services to Company’s vendor and customer
    relationships; a list of current vendor and customer relationships;

    (iii) Become a contract employee, an independent employee, vendor,
    consultant, agent, principal, lender, partner, officer, director,
    Employee, stockholder or otherwise provide services to or on behalf
    of any entity which would be a violation of items (i) and (ii) above;

    (iv) Solicit or refer, directly or indirectly, any customers or
    prospective customers of any services and/or products offered by the
    fCompany (or which are competitive with those offered by the
    Company) to any other provider of such services in the market place

    (v) Promote, market, assist or participate in the development, sale,
    lease or licensing of any services and/or products competitive with
    those provided by the Company to, for or with any person,
    company, firm, partnership or other entity whatsoever;

    (vi) Solicit, induce, entice, assist or attempt to solicit, induce, entice
    or assist any person who, at the time of such Solicitation, inducement
    or enticement or attempt to solicit, induce, or entice is, or was an
    employee of the Company during the five (5) year time period from
    the date of employee’s date of exit from the Company to become
    employed or retained by any other person or entity.

    Employee further acknowledges that the geographic limitation may increase if Company
    opens additional location(s); in that event the geographic limitation would also include a
    ten (10) mile radius surrounding the additional office(s).

    Pre-existing relationships an employee may have with a vendor shall not be a violation
    of this Agreement.

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  • location of the main business office of the Company:

    (i) Provide services which are competitive with the Company;
    (ii) Provide services to Company’s vendor and customer
    relationships; a list of current vendor and customer relationships;

    (iii) Become a contract employee, an independent employee, vendor,
    consultant, agent, principal, lender, partner, officer, director,
    Employee, stockholder or otherwise provide services to or on behalf
    of any entity which would be a violation of items (i) and (ii) above;

    (iv) Solicit or refer, directly or indirectly, any customers or
    prospective customers of any services and/or products offered by the
    fCompany (or which are competitive with those offered by the
    Company) to any other provider of such services in the market place

    (v) Promote, market, assist or participate in the development, sale,
    lease or licensing of any services and/or products competitive with
    those provided by the Company to, for or with any person,
    company, firm, partnership or other entity whatsoever;

    (vi) Solicit, induce, entice, assist or attempt to solicit, induce, entice
    or assist any person who, at the time of such Solicitation, inducement
    or enticement or attempt to solicit, induce, or entice is, or was an
    employee of the Company during the five (5) year time period from
    the date of employee’s date of exit from the Company to become
    employed or retained by any other person or entity.

    Employee further acknowledges that the geographic limitation may increase if Company
    opens additional location(s); in that event the geographic limitation would also include a
    ten (10) mile radius surrounding the additional office(s).

    Pre-existing relationships an employee may have with a vendor shall not be a violation
    of this Agreement.

     

  • Remedy for Breach


    Both Parties recognize that the investment being made by the Company is a serious
    and substantial investment and Employee acknowledges that any breach of this
    Agreement could have significant adverse consequences for the Company. The
    Employee therefore agrees to indemnify the Company against any loss or expense
    suffered or incurred by the Company (including reasonable attorneys’ fees) as a result
    of any breach of this Agreement by Employee. Employee further agrees that damages
    alone will not be a sufficient remedy for breach of this Agreement and that the Company
    shall be entitled to equitable relief, including a temporary restraining order, preliminary
    injunction and permanent injunction, in order to enforce the provisions of this
    Agreement. Employee further acknowledges that such injunctive relief shall be in
    addition to, and not in lieu of, monetary damages to which the Company may be entitled
    under the law, and that the Company may collect damages cumulatively for each
    separate claim or cause of action.

    All disputes arising out of this Agreement shall be resolved exclusively through binding
    arbitration, subject to the provisions below, under the rules then in effect of the
    American Arbitration Association or a mutually agreeable arbitrator. The result of the
    arbitrator shall be binding on all Parties and not subject to further judicial review.
    fIn any dispute concerning this Agreement, the Company may pursue injunctive relief
    through a Temporary Injunction in a court of competent jurisdiction. Any claim by
    Employee regarding the enforceability of this Agreement, must be resolved exclusively
    through arbitration. The arbitrator will award reasonable and necessary attorneys fees
    and costs to the prevailing party in any arbitration proceeding between the Parties.

    Employee shall be responsible for payment of Company’s Attorney Fees if it is
    necessary to seek legal assistance due to Employee’s breach of this Agreement. This
    includes all Attorney Fees incurred prior to arbitration or a request for injunctive relief.

     

  • Miscellaneous Provisions


    (a) Partial Invalidity. The invalidity or unenforceability of any term or provision or any
    clause of this Agreement shall in no way impair or affect the validity or enforceability of
    any other provision of this Agreement, which shall remain in full force and effect.
    (b) Governing Law. This Agreement shall be governed by the laws of the State of
    Texas.

    Signed on this ___ day of _month 2024.

     

  • Miscellaneous Provisions

    (a)  Partial Invalidity. The invalidity or unenforceability of any term or provision or any clause of this Agreement shall in no way impair or affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

    (b) Attorney’s Fees.  If any action at law or in equity is necessary to enforce or interpret any of the rights or obligations under this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which the prevailing party may be entitled.

    (c)  Governing Law.  This Agreement shall be governed by the laws of the State of Texas.

    (d) Disputes. Any disputes shall be resolved by arbitration and not be filing suit in court. 

     

    I understand and agree that if I breach this non-compete contract and clean house or work for any Detail Cleaning Services client on my own for direct payment cleaning house during my employment or up to one year after my termination or up to one year of the client’s termination of our service, I will pay a referral fee of 5,000 per client to Detail Cleaning Services.

  • Signed on this

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