NON-CIRCUMVENTION / CONFIDENTIALITY / NON COMPETE AGREEMENT

 

 

THIS AGREEMENT is made this ____ day of _____________, __________by and between

 

 

______________________________________

(A prospective person seeking magnet treatment, to be referred to hereafter as "CUSTOMER")

 

and

 

THERAPEUTIC HOUSE

 (A holistic health agency, hereafter referred to as “COMPANY”) during the Term specified herein.

 

It is CUSTOMER's and COMPANY's intention to create a business atmosphere where it is safe to conduct certain treatments (magnet water, magnet pain relief, and ear candling) whilst protecting both CUSTOMER and COMPANY.  CUSTOMER must be honest and open about diet, health issues, and if magnets have been placed in body at time of treatment. COMPANY does not claim to be to take the place of the medical

 

This Agreement is a limited-exclusivity contract between COMPANY and CUSTOMER.    

 

CUSTOMER understands and agrees to follow the code of business ethics outlined herein.

 

RECITALS

 

• A. It is CUSTOMER’s desire to receive treatment from COMPANY concerning overall health.

 

• B. In connection with such discussions, CUSTOMER will be given access to certain Confidential Information (as hereinafter defined) of COMPANY’s, all subject to the terms and conditions of this Agreement.

 

 

• C. CUSTOMER understands that the COMPANY’s treatments are Confidential Information and have been developed or obtained by COMPANY through the investment of significant time, effort and expense, and that such Confidential Information provide COMPANY with a significant competitive advantage in their business.

 

1. D. CUSTOMER agrees that for the duration of agreement, CUSTOMER will not pitch, accept work from, or give any information on COMPANY’s treatments with other clients, competitors, and/or affiliates.

 

1. F. TERM. The Term of this Agreement shall not commence upon the date stated above and shall remain in enforcement.

 

.AGREEMENT

 

1. I. THE CONFIDENTIALITY ETHIC

 

1. Definition of Confidential Information and Contacts. The term "Confidential Information" as used in this Agreement, shall mean information, material, and personal techniques obtained by or provided to CUSTOMER directly or indirectly, in connection with the discussion and implementation thereof as contemplated herein, and shall include any information or material which is proprietary to COMPANY or designated as Confidential Information by COMPANY, which CUSTOMER may gain knowledge of either through or as result of their relationship with COMPANY, access to COMPANY’s premises, or communications with COMPANY's affiliates and contacts.

 

Without limiting generality of the foregoing, Confidential Information includes, but are not limited to, the following types of information,  and other information of a similar nature (whether or not reduced to writing or still in development): Trade secrets, discoveries, ideas, concepts, documents, techniques, data, programs, processes,  procedures,  know-how, economic and financial analysis and information, budgets, costs, financing and materials, marketing and development plans as well as new strategies of distribution and financing and development created by COMPANY. Wherefore, CUSTOMER acknowledges that they have read and understand this agreement and voluntarily accept the duties and obligations set forth herein.

 

 

4. Confidential Treatment.

CUSTOMER agrees not to share the procedures used in treatments for any purpose at any time.

 

6. Injunctive Relief. CUSTOMER understands and agrees that, because of the unique nature of the Confidential Information, COMPANY and COMPANY's sources and or practices will suffer immediate and irreparable damage should CUSTOMER fail to comply with the obligations of this Agreement, and that monetary damages will be inadequate to compensate COMPANY for such breach.  Accordingly, CUSTOMER agrees that COMPANY will be entitled, in addition to any other remedies available to it at law or in equity, to injunctive relief to enforce the terms of this Agreement.

 

1. IV. ADDITIONAL ITEMS

 

1. Further Agreement. Each party hereto understands and agrees that this Agreement shall not obligate the parties hereto to enter into any further Agreement.

 

2. Termination. The responsibility of the parties to keep all matters under this Agreement entirely confidential shall terminate three (3) years from the date of written notification by either party to the other party of its decision to terminate the discussion.

 

3. Notices. Any notice to be given hereunder shall be delivered in person, or by certified mail or courier, return receipt requested, addressed to the mailing address provided below, and shall be effective upon delivery if in person, or upon date receipt is signed.  Either party shall notify the other of any changes of address as provided.

 

4. Miscellaneous.

 

1. a. Any controversy or claim arising out of this Agreement which cannot be settled between the parties, shall be subject to arbitration in accordance with the rules of the American Arbitration Association and the venue of any arbitration shall be within the State of Georgia. If such matter cannot be mutually resolved by arbitration, then such matter may be further and legally pursued by civil action within the State of Georgia.

 

1. b. This Agreement contains the full and complete understanding of the parties with respect to the subjective matter hereof and supersedes all prior representations, understandings and agreements, whether oral or written.

 

1. c. No amendment, modification or waiver of this Agreement or any part hereof shall be effective unless made in writing and signed by the parties hereto.

 

1. d. No failure to pursue or elect any remedy or waiver with respect to any default or breach of a provision of this Agreement shall be deemed to be a waiver of any subsequent default or breach of a provision of this Agreement, or any election or remedy relating to such default or breach.

 

1. e. In the event that any provision hereof shall be determined by any court of competent jurisdiction to be unenforceable or otherwise invalid as written, the same shall be enforced and validated to the extent permitted by law. The invalidity of any provision hereof shall in no way affect the validity of any provision hereof.

 

1. f. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, subsidiaries, and affiliated corporations.

 

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year above written.

 

AGREED AND UNDERSTOOD:

 

CUSTOMER:

 

PRINTED NAME:  ____________________________________

 

DATE:__________

 

LAST FOUR DIGITS OF SS#__________________

 

MAILING ADDRESS:_____________________________________________________________________

 

TELEPHONE: ______________________   EMAIL ADDRESS: ________________________________

 

BY: ______________________________________________________

       (Signature CUSTOMER)

 

 

 

DANIELLE GALLOWAY, FOUNDER + CEO

Connector of Loose Ends, LLC

MELODIE MOORE, FOUNDER + CEO

My Accuracy, LLC

 

 

 

 

____________________________________

(Signature COMPANY)