This Agreement is made by and between Combat Business Success LLC. (“Combat Business") and you, the ("Client").
Whereas the Client and Combat Business have entered into or are about to enter into an coaching relationship for their mutual benefit; and, Whereas a condition of entering into and/or continuing such coaching relationship, Combat Business has required Client to enter into this Agreement;
Therefore, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
Non-Solicitation. Client acknowledges that he or she will acquire considerable knowledge about, and expertise in, certain areas of Combat Business's business and he or she will have knowledge of, and contact with, customers, staff, and suppliers of Combat Business and its Affiliates.
Client further acknowledges that he or she may be able to utilize such knowledge and expertise, following termination of his or her service with Combat Business, to the serious detriment of Combat Business in the event Client should solicit business from employees or customers of Combat Business or its affiliates. Accordingly, Client agrees that:
Non-Solicitation of Customers. Client agrees that during his or her tenure with the company and for a period of one year following the termination of coaching, whether such termination is voluntary or involuntary and regardless of the reason for such termination, he or she will not, on behalf of himself or on behalf of any other person, firm, or corporation, approach any customer of the company with which the Client has had any dealings of any kind, for the purpose of providing services substantially similar to the services provided by the Combat Business, or for the purpose of intentionally discrediting the Combat Business reputation, via the methods of calling, emailing, or contacting via social networking avenues in which relationships were established as an employee of the company, unless the customer contacts him or her first.
Non-Solicitation of Employees. Client agrees that during his or her tenure with the company and for a period of one year following the termination of business relationship, whether such termination is voluntary or involuntary and regardless of the reason for such termination, he or she will not, on behalf of himself or on behalf of any other person, firm, or corporation, solicit, entice, or attempt an employee of the company to leave the employment of the company or to become employed by any person, firm, or corporation engaged in competition with the company.
Restrictions Reasonable. The Client acknowledges that all restrictions in this Agreement are reasonable in the circumstances and hereby waives all defenses to the enforcement thereof by the Combat Business. In the event that any provisions of this Agreement shall be deemed void or invalid by a court, the remaining provisions shall remain in full force and effect and the Client hereby confers upon such court the power to replace such void or invalid provisions with such other enforceable and valid provisions as shall be as near as may be to the original in form and effect.
Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or a recognized over night delivery service such as FedEx.
If to Combat Business: Paul Halme, 3601 Amador Dr., Keller, TX 76244.
If to Client: We will use the name & address that is associated with the initial purchase.
No Waiver. The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.
3. Irreparable Harm. The Client acknowledges that breach by him or her of the terms and conditions of this Agreement may cause irreparable harm to Combat Business, which may not be compensable by monetary damages. Accordingly, the Client acknowledges that a breach by it of the terms and conditions of this Agreement shall be sufficient grounds for the granting of an injunction at the suit of Combat Business by a court of competent jurisdiction.
Entirety of Agreement. The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both parties.
Governing Law. This Agreement shall be construed and enforced according to the laws of the State of Texas and any dispute under this Agreement must be brought in this venue and no other.
Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.