This employment agreement between Shashido Enterprises, Employer (we,us,our) and____________________________________________, Employee (you,your) is subject to the following terms and conditions:
1. Compensation. We will pay you $_____ for each training session you perform in a calendar week. A calendar week begins at 12.01am each Monday, and ends at 12.01am the following Monday. We will pay you every_____week(s) on the___________ following the end of each pay period.
2. “At Will” employment. Your employment is “at will”. This means you are free to end your employment with us at any time, and for any reason that is not illegal.
3. Agreement Not To Solicit. Any person trained by Shashido Enterprises is a client of ours. While you are employed by us, and afterward, you will not, on behalf of yourself, or any other person, or entity, or by assisting others: (a) solicit any current or former client of ours, (b) divert, or attempt to divert current, former, or prospective clients away from us by disparaging us, or any of our current or former employees in any way to anyone, or (c) employ or attempt to employ any employee of ours.
4. Liquidated Damages For Solicitation of Clients or Disparagement. If, during your employment with us, or afterward, you breach section 3.(a) or 3(b) of this Contract, you agree to pay us liquidated damages in the amount of $_____ for each training session occurring anywhere, by each such current, former, or prospective client. This amount is agreed upon by you and us because it would be impracticable or extremely difficult to set the actual damages. You agree that if any current, former, or prospective client is trained by you, or trained by any person or entity with whom you are associated outside of Shashido Enterprises, the fact of such training is a rebuttable presumption that you breached section 3(a) or 3(b). Such presumption can only be rebutted by clear and convincing evidence that you did not breach section 3(a) or 3(b). This provision for liquidated damages is in addition to any other damages we can prove we have suffered by your breach of any of the other terms of this Contract, and in addition to any other remedy available to us. You hereby authorize the person or entity collecting the fees for training such person(s) outside of Shashido Enterprises to pay these damages directly to us.
5. Agreement Not To Disclose Confidential Information. For purposes of this Agreement, “Confidential Information” includes all information or material you obtain from us that has, or could have commercial value, or other utility in our business, including, but not limited to, our: trade secrets, sales and profit figures, client and prospect lists, Contractor and supplier lists, opportunities for new or developing business, advertising or promotion materials, training methods, rates, and pay scales. The confidential information may be contained in written materials such as computer hardware and software, discs, documents, files, drawings, business plans, manuals, and projections, or it may consist of unwritten knowledge, including ideas, research, processes, practices, or know-how. You agree that all confidential information you obtain from us is solely for your own use in performing your employment duties with us. “Confidential Information” does not include information publicly known, or already known by you at the time of disclosure. While you are employed by us, and afterward, you will not use or disclose to any other person or entity any confidential information or materials (either written or unwritten) except when you are required to do so to properly perform your duties with us, or as required by law. While you are employed by us, and afterward, you will not, except in performing your employment duties with us, remove or copy any confidential information or materials, nor assist anyone in doing so, or tell anyone any confidential information without our prior written permission. Your use or disclosure of confidential information outside of your employment duties with us creates a rebuttable presumption that you have breached this section of the Contract, and may only be rebutted by clear and convincing evidence that you did not breach this Contract. Upon termination of your employment, or at any time we request it, you will immediately return to us all confidential information and materials, including all copies.
6.Reasonableness. You agree the restrictions in this Contract are reasonable and necessary for our protection.
7. Right To An Injunction. You agree that if you breach, or threaten to breach, any of the terms of this Contract, we will sustain irreparable harm, and will be entitled to obtain an injunction to stop any breach or threatened breach of this agreement.
8. Notice To Prospective Employers. You agree to notify any prospective employer of yours, of the restrictions in this Contract. You hereby authorize us to notify any employer, or prospective employer of yours, of any restrictions in this Contract, including but not limited to your agreement: not to solicit clients, not to disparage us, not to use or disclose confidential information, and your authorization for any employer to pay directly to us the liquidated damages in section 4.
9. Survivability. The terms of this Contract will survive the termination of your employment with us.
10. Waiver. The failure of either party to timely exercise any right or remedy provided in this Contract shall not be a waiver of that party’s right to exercise the same right or remedy later, nor will it act as a waiver of prior or subsequent rights or remedies.
11. Governing Law and Venue. You and we agree that any legal or equitable action brought by either party to enforce the terms of this Contract, or for material breach of any of the terms of this Contract, will be governed by the law of South Australia, and brought in the Magistrate’s Court of South Australia.
12. Entire Contract. This is the entire agreement between you and us. It replaces and supersedes any and all oral agreements between you and us, as well as any prior writings. This Contract may only be modified by a writing signed by you and us. No oral commitments to you regarding your employment are valid, whether made now or in the future.
13. Severability. If any court determines that any provision, or part thereof, of this Contract is invalid or unenforceable, any invalidity, or unenforceability, will affect only that provision, and will not make any other provision of this Contract invalid or unenforceable. The court shall modify or limit any such provision, or part thereof, to the extent necessary to render it valid and enforceable.
By signing below, you understand and agree to all of the terms of this employment Contract, you have had the opportunity to have this Contract reviewed by an advisor of your choice, and you acknowledge receipt of a copy of this Contract.
Signed_________________________________________________________________,
200_____ in the city of ____________________________________________________,
_______________________________________________________
Employer
_______________________________________________________
Employee
