Clean Eatery LLC, Non-Compete/Disclose & Ethics Clause
This Non-compete/Non Disclosure Agreement (this "Agreement") is made effective IMMEDIATELY FOLLOWING SUBMISSION, by and between:
Clean Eatery LLC
11121 N Rodney Parham Rd Suite 35B
Little Rock, AR 72212
and the signee/affiliate.
Protection rights to all systems, software, purveyors, methods, recipes, distribution, and customers, Non-compete with current & past customers within 1 year of enrollment. Protection of fraudulent activity without licensing or proper franchising.
1. NON-COMPETE COVENANT. For a period of 12 months after the effective date of this
Agreement, (NON-COMPETING PARTY signed below, referenced as "signee") will not directly or indirectly engage in any business that competes with The Clean Eatery, LLC.
This covenant shall apply to the geographical area that includes anywhere in the United States.
I. Owning or obtaining ownership, corporate involvement, partnership, hierarchy or board of any existing or new meal prep business with intent to distribute or provide services to any client as a source to generate income. Any attempt to do so will result in 50% of Gross sales + restitution to be paid to Clean Eatery LLC.
II. Any attempt to employ, trade, sponsor or barter with Pro level competitors is prohibited without consent of Clean Eatery LLC.
III. All marketing strategies not specific nor excluding Social media, Facebook, Twitter, Instagram, Glassdoor, Linkedin,Directly or indirectly engaging in any competitive business includes, but is not limited to: (i) engaging in a business as owner, partner, or agent, (ii) becoming an employee of any third party that is engaged in such business, (iii) becoming interested directly or indirectly in any such business, or (iv) soliciting any customer of The Clean Eatery, LLC for the benefit of a third party that is engaged in such business. Signee agrees that this non-compete agreement will not adversely affect their livelihood.
2. NON-SOLICITATION COVENANT. For a period of 12 months after the effective date of this Agreement, signee will not directly or indirectly solicit business from, or attempt to sell, license or provide the same or similar products or services as are now provided to, any customer or client of The Clean Eatery, LLC, nor shall they use The Clean Eatery, LLC's existing client's demographic and confidential information to solicit and provide quotes and/or transfer business to any competing entity. Further, for a period of 24 months after the effective date of this Agreement, will not directly or indirectly solicit, induce or attempt to induce any employee of The Clean Eatery, LLC to terminate his or her employment with The Clean Eatery, LLC. Further, Sponsored athletes and Affiliates for a period of 6 months after the termination date of this Agreement, will not directly or indirectly engage in any business that competes with The Clean Eatery, LLC. or solicit for the benefit of a third party that is engaged in such business.
3. CONSIDERATION. In consideration of the commitments and obligations made, The Clean Eatery, LLC will represent utmost respect in all future engagements.
4. CONFIDENTIALITY. Will not at any time or in any manner, either directly or indirectly, use for the personal benefit, or divulge, disclose, or communicate in any manner any information that is proprietary to The Clean Eatery, LLC. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. Will protect such information and treat it as strictly confidential. The obligation not to disclose confidential information shall continue for a period of 60 months after the effective date of this Agreement. Within 15 days after receiving a written request, signee will return to The Clean Eatery, LLC all records, notes, documentation and other items that were used, created, or controlled by signee.
5. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written.
6. SEVERABILITY. The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Any Sponsored Athlete or Affiliate has the opportunity to file for mutual severability under dissatisfaction of provided service or sponsorship. Sponsored athletes and Affiliates for a period of 6 months after the termination date of this Agreement, will not directly or indirectly engage in any business that competes with The Clean Eatery, LLC. or solicit for the benefit of a third party that is engaged in such business.
7. INJUNCTION. It is agreed that if signee violates the terms of this Agreement irreparable harm will occur, and money damages will be insufficient to compensate The Clean Eatery, LLC. Therefore, The Clean Eatery, LLC will be entitled to seek injunctive relief (i.e., a court order that requires signee to comply with this Agreement) to enforce the terms of this Agreement. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorney's' fees incurred in enforcing this Agreement.
8. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Arkansas.
9. CONFLICT RESOLUTION. In the event of a dispute between the parties, the parties hereby also agree that the prevailing party shall be entitled to reasonable attorney fees and costs incurred as a result of the dispute.
10. SIGNATORIES. This Agreement shall be signed by printed name listed and by Ryan Merritt-McGehee, CEO, on behalf of The Clean Eatery, LLC. This Agreement is effective immediately on the date it is submitted.
The Clean Eatery, LLC
Ryan Merritt-McGehee, CEO
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