Hotel Non-compete Agreement
Hotel Non-Compete Agreement
This Non-compete Agreement (the "Agreement") is made and entered into as of [Date], by and between [Your Company Name] (the "Employer"), a [State] corporation with its principal place of business at [Your Company Address], and [Employee Name] (the "Employee"), residing at [Employee Address]. This Agreement outlines the terms and conditions under which the Employee agrees not to compete with the Employer during and after the term of employment.
I. Non-Compete Obligations
A. Duration of Non-compete Period: The Employee agrees not to engage in any competing business activities for a period of two years following the termination of employment.
B. Geographic Scope: The non-compete obligations shall apply within a 50-mile radius of the Employer's principal place of business and any other locations where the Employer operates.
C. Restricted Activities: The Employee agrees not to own, manage, operate, consult for, or be employed by any business that competes with the Employer in the hospitality industry.
II. Consideration
A. Compensation Provided: In consideration for the Employee's non-compete obligations, the Employer agrees to provide a payment of $5,000 to the Employee upon the signing of this Agreement.
B. Additional Considerations: The Employee will also receive continued access to health insurance and outplacement services for the duration of the non-compete period.
C. Acknowledgment: The Employee acknowledges that the consideration provided is fair and adequate for agreeing to the non-compete obligations.
III. Confidential Information
A. Definition of Confidential Information: Confidential Information includes any business, technical, or proprietary information disclosed by the Employer to the Employee, either directly or indirectly.
B. Obligations to Protect Confidential Information: The Employee agrees to protect and not disclose any Confidential Information to third parties during and after the term of employment.
C. Duration of Confidentiality Obligations: These obligations shall remain in effect for five years following the termination of employment.
IV. Non-Solicitation
A. Non-solicitation of Clients: The Employee agrees not to solicit or attempt to solicit any clients of the Employer for a period of two years following the termination of employment.
B. Non-solicitation of Employees: The Employee agrees not to recruit or attempt to recruit any employees of the Employer for a period of two years following the termination of employment.
C. Duration of Non-solicitation Period: The non-solicitation obligations shall be effective for the specified duration immediately following the termination of employment.
V. Exceptions to Non-Compete
A. Activities Not Restricted: The non-compete obligations shall not restrict the Employee from engaging in activities that are not in direct competition with the Employer.
B. Specific Carve-outs: The Employee is permitted to engage in freelance consulting for non-competing industries and to pursue academic opportunities, which are agreed upon by both parties and do not violate the non-compete terms.
C. Mutual Agreement: Any exceptions to the non-compete obligations must be mutually agreed upon in writing by both parties.
VI. Enforcement
A. Legal Remedies for Breach: In the event of a breach of this Agreement, the Employer shall be entitled to seek legal remedies, including monetary damages.
B. Injunctive Relief: The Employer may seek injunctive relief to prevent the Employee from violating the terms of this Agreement.
C. Arbitration Clause: Any disputes arising out of this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
VII. Severability
A. Severability of Provisions: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
B. Effect of Invalid Provisions: The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the original intent of the parties.
C. Reformation: The court or arbitrator shall have the authority to modify any provision of this Agreement to make it enforceable to the maximum extent permitted by law.
VIII. Governing Law
A. Applicable Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
B. Choice of Law: The parties agree that any legal action arising out of this Agreement shall be filed in the appropriate court located in [County, State]
C. Legal Compliance: Both parties agree to comply with all applicable federal, state, and local laws and regulations.
IX. Amendments and Modifications
A. Procedure for Amending the Agreement: This Agreement may be amended only by a written document signed by both parties.
B. Notification of Changes: The Employee will be notified of any changes to this Agreement at least 30 days in advance.
C. Mutual Consent: Any modifications to this Agreement must be mutually agreed upon in writing by both parties.
X. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.
Signatures
Employee
[Name]
[Date]
Employer
[Name]
[Date]
