Non-Compete, IP Protection, & Behavior Agreement

This Non-Compete Agreement is entered into between {name-1}    (also known as “Employee”) and GymnasticsEtc. on: {date-1}

GymnasticsEtc. is located at 3222 Winterlake Road. Lakeland, FL 33803 and is represented by Phil Wortman and Amanda Pontious in this agreement.

WHEREAS, the GymnasticsEtc. (also known as "Company") is in the business of providing gymnastics, after school, camp programs, tumbling, and other child entertainment activities.

WHEREAS, the Employee and the Company have entered into a formal Employment agreement where the Employee will perform duties related to their position as described in the GymnasitcsEtc. Employee Handguide; and

WHEREAS, the Employee agrees to the restrictions described herein as binding.

THEREFORE, the Employer and the Employee agree to the following terms:

1. NON-COMPETITION. For the entire duration of this agreement, and for 18 months after the Employer’s relationship with the Employee has been terminated for any reason, the Employee will not work as an employee, officer, director, partner, consultant, agent, owner or engage in any other capacity with a competing company. This means that Employee must not perform any work for an organization that provides any of the described services attributed to GymnasticsEtc. mentioned in this agreement in Polk County or facilities/organizations within a 25-mile radius of 3222 Winterlake Rd. Lakeland, FL 33803.
2. INTELLECTUAL PROPERTY PROTECTION: Invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.  The Recipient agrees not to disclose the confidential information obtained from the discloser to anyone unless required to do so by law. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any addition or modification to this Agreement must be made in writing and signed by the parties. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. 
3. BEHAVIOR EXPECTATIONS: Employee agrees to the following: They will not misuse company equipment or use it frivolously. They will respect all kinds of incorporeal property. This includes trademarks, copyright and other property (information, reports etc.) They should use them only to complete their job duties. They will protect company facilities and other material property (e.g. company cars) from damage and vandalism, whenever possible while keeping the safety of persons as the main priority. Employee must show integrity and professionalism in the workplace and follow the guidelines set forth in the Employee Handbook found on the GymEtc. website. 
4. EMPLOYEE ACKNOWLEDGEMENTS. The Employee acknowledges that they have been provided with the opportunity to negotiate this agreement, have had the opportunity to seek legal counsel before signing this agreement, and that the restrictions imposed are fair and necessary for the Company’s business interests. Finally, the Employee agrees that these restrictions are reasonable and do not constitute a threat to their livelihood.
5. APPLICABLE LAW. This agreement and its interpretation shall be governed by the laws of Florida.

IN WITNESS WHEREOF, both parties agree to these terms and give their consent and authority to this agreement below.

{signature-1}