Sample No Compete Contract

April 8, 2008 by Mobile Beat Staff Writer

Special Note: This is only a SAMPLE “No Compete” contract. In order to be certain that it is enforceable, you must first contact an attorney, who can check your state’s laws as they pertain to no-compete contracts. If you decide to use this agreement, do so at your own risk!! ProDJ.com and the DJ University will not assume any liability for those that use this contract!—————————————————————————————————

Agreement

This Agreement is entered into as of the date last set forth below by and between

“YOUR NAME”, doing business as YOUR COMPANY NAME(hereinafter referred to as

“YOUR NAME” or the “Company”) and the person executing this agreement at the last page hereof (hereinafter referred to as “Contractor”).

WHEREAS, “YOUR NAME” is possessed of certain skills, abilities and knowledge

(“Skills”) relating to the provision of Mobile Disc-Jockey Service, as hereinafter defined, which Skills he is desirous of imparting to Contractor in return for the Contractor’s agreement to refrain from certain actions and to perform certain services for the Company as set forth below; and

WHEREAS, contractor acknowledges that “YOUR NAME” is possessed of the aforesaid Skills relating to the Mobile Disc-Jockey Service, and desires to acquire such Skills from “YOUR NAME” and in consideration therefor to perform the services for the Company and to refrain from certain actions as set forth below; and

WHEREAS, the Company is engaged in the business of contracting with third persons or entities for the provisions to such third persons or entities for Mobile Disc-Jockey Services (the “Mobile Disc-Jockey Business”).

NOW THEREFORE, in consideration of the premises and mutual covenants set forth herein, the parties hereto agree as follows:

1. Definition. The term Mobile Disc-Jockey Service shall be defined as the providing (i.e., playing through electronic play-back devices and/or amplifiers) of any type of pre-recorded music (e.g., through audio tapes, audio records, compact discs, mini-discs, Karaoke or any other equivalent means, whether now existing or hereafter developed), whether for hire or otherwise, to any public or private gathering of persons, where such gathering is effectuated by or pursuant to pre-arrangement, advertising, invitation or in the normal course of business of the owner, proprietor, lessee, or other occupant of the premises where such pre-recorded music services are provided; provided, however, that such term shall not extend to any pre-recorded music services provided at or on any premises occupied solely for the residential purposes by the provider of such services so long as such services are not provided for hire or other consideration.

2. Covenants and obligations of “YOUR NAME” and of Company. Conditioned upon the faithful performance by Contractor of his or her obligations as set forth herein, “YOUR NAME” agrees to train Contractor in all phases of the Mobile Disc-Jockey Service and, for so long as “YOUR NAME” is engaged in the Mobile Disc-Jockey Business, but for no more than two years from the date of Contractor’s execution of this Agreement, after Contractor has to “YOUR NAME”‘s satisfaction successfully completed the aforesaid training, “YOUR NAME” agrees to offer to Contractor not less than an average of twelve (12) assignments (“Assignments”) annually to provide Mobile Disc-Jockey Services at a guaranteed minimum compensation for such services of $75.00 per Assignment, with the first 12 of such Assignments to have been offered no later than 13 months from the date of Contractor’s acceptance of this Agreement, and all of such required offerings to have been made no later than 24 months after such acceptance.

_____Contractor Initial Page 1 of 4
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3. Covenants and obligations of Contractor: Conditioned upon the faithful performance by “YOUR NAME” of his obligations as set forth herein, Contractor agrees, for a period of two years from his or her acceptance of this Agreement, to not engage in the provision of any Mobile Disc-Jockey Services, whether for hire or otherwise, with the exception of Contractor’s acceptance and completion of Assignments from “YOUR NAME” pursuant to this Agreement, within any of the following Counties located in the State of _______ or within any political subdivision thereof:________________________________________________.

The Contractor agrees specifically to be available to take job Assignments on Friday evenings and all day on Saturday’s, and to work within the guidelines set forth in the Rules and Procedures section of the Company Training Manual that pertain to requesting time off and vacations. Contractor further agrees that he or she will make all possible good faith best efforts to comply with the written rules, procedures and standards of conduct and performance(“Rules”) as outlined in the Company Training Manual, established by the Company in connection with conduct and performance of each of the Assignments which Contractor performs, including present Rules and revisions to the Rules in the future, and agrees that in the event of willful negligence or deliberate disregard of the Company’s Rules, then “YOUR NAME”‘s obligations hereunder will be ended upon written notice thereof being provided to Contractor, without, however, affecting in any way or manner the continuing validity of Contractor’s agreement to not engage in the provision of Mobile Disc-Jockey Services under the geographical and duration limitations set forth herein.

The Contractor acknowledges importance of being reliable and ensuring that each and every event that the Company contracts with third party clients is covered with a qualified disc-jockey. The Contractor agrees specifically to be available to take job Assignments on Friday evenings and all day on Saturday’s, and to work within the guidelines set forth in the Rules and Procedures section of the Company Training Manual that pertain to requesting time off and vacations. The Contractor fully agrees that in the event that they call the Company as being unable to work due to being sick or an injury, to provide a doctors excuse if the management of the Company requires one. The Contractor acknowledges that calling in as being sick, and unable to work can place a severe hardship on the company, and jeopardize the company reputation. The Contractor agrees to call in as being sick and unable to work only for legitimate medical reasons. Contractor further agrees that he or she will make all possible good faith best efforts to comply with the written rules, procedures and standards of conduct and performance(“Rules”) as outlined in the Company Training Manual, established by the Company in connection with conduct and performance of each of the Assignments which Contractor performs, including present Rules and revisions to the Rules in the future, and agrees that in the event of willful negligence or deliberate disregard of the Company’s Rules, then Beardmore’s obligations hereunder will be ended upon written notice thereof being provided to Contractor, without, however, affecting in any way or manner the continuing validity of Contractor’s agreement to not engage in the provision of Mobile Disc-Jockey Services under the geographical and duration limitations set forth herein. ). The Contractor agrees that failing to work on any date in which they have not been approved to be off by the Company, making a false sick call to the Company as being unable to work, or making deliberate, serious violations of the Company’s Rules in order to force the Company to terminate their employment constitutes failing to provide sufficient notice for leaving the employment of the Company, and will subject the Contractor to liability for unspecified damages to the Company.

The Contractor further agrees to give the Company 30 days written notice prior to leaving the employment of the Company. The Company and Contractor may mutually agree to wave the 30 days notice requirement. In this event, the Company will provide the Contractor with a written release(no oral agreements will be valid).

_____Contractor Initial Page 2 of 4
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4. Release of Obligations. “YOUR NAME” and Contractor agree that, should Contractor desire to be released from his or her obligations hereunder prior to the second anniversary of Contractor’s acceptance of this Agreement, then such release shall be deemed as granted upon Contractor’s payment to “YOUR NAME” of a sum of money as established as follows:

a. If Contractor desires a release on or before six (6) months after the date of Contractor’s acceptance of this Agreement, contractor shall pay “YOUR NAME” the sum of $6000.00 for such release.

b. If Contractor desires a release between six (6) months and twelve (12) months after the date of contractor’s acceptance of this Agreement, Contractor shall pay “YOUR NAME” the sum of $4500.00 for such release.

c. If Contractor desires a release between twelve (12) months and eighteen (18) months after the date of contractor’s acceptance of this Agreement, Contractor shall pay “YOUR NAME” the sum of $3000.00 for such release.

d. If Contractor desires a release between eighteen (18) months and twenty four (24) months after the date of contractor’s acceptance of this Agreement, Contractor shall pay “YOUR NAME” the sum of $1500.00 for such release.

Upon payment of the foregoing sum by Contractor and subsequent release of Contractor by “YOUR NAME”, which payment and release is acknowledged by Contractor and “YOUR NAME” as good and sufficient mutual consideration, and all other mutual obligations of the parties under this Agreement will then be terminated.

5. Assignment. This Agreement is freely assignable by “YOUR NAME”, subject to such assignee being bound fully to all obligations accruing to “YOUR NAME” and Company hereunder, and provided that such assignment will in no event increase the burdens or obligations of Contractor hereunder.

6. Term. The term of this Agreement shall be two years from the date of its acceptance below by Contractor, unless earlier terminated by action of Paragraph 3 ( Covenants and obligations of Contractor) or Paragraph 4 (Release of Obligations) hereof, or unless “YOUR NAME” ceases to engage in the Mobile Disc-Jockey Business and has not assigned his rights and obligations hereunder to a successor-in-interest, in which latter event the mutual obligations under this Agreement are terminated.

_____Contractor Initial Page 3 of 4
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7. Severability. If any provision of this instrument is found by a court of law or equity to be invalid or unlawful, the parties agree that such invalid or unlawful provision shall not render the whole of this Agreement invalid or unlawful, but shall be severable from the remainder hereof, and that such remainder shall continue in full force and effect unless such would materially alter the mutual benefits or obligations to the parties hereunder.

8. Enforcement. The parties agree that should any action be initiated by “YOUR NAME” to enforce his or the Company’s rights hereunder, then in the event of an adverse judgment against Contractor, Contractor shall pay any and all expenses incurred by “YOUR NAME” in seeking such enforcement, including, but not limited to, court costs, interest and attorney’s fees.

9. Binding Effect. The parties agree that the provisions of this Agreement are valid, legally binding obligations of each of the parties hereto, fully enforceable in accordance with the terms hereof.

WHEREAS, intending to be fully bound by the provisions hereof, the parties have set their hands to this instrument as of the day and date set forth below, which date shall be deemed the date of acceptance of this Agreement.

YOUR COMPANY NAME

By:_______________________________

YOUR NAME

Date:______________________________

Contractor

Contractor’s Name :

Contractor’s Address:

:

Contractor’s Signature:__________________________

Date:___________________________

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Mobile Beat Staff Writer (228 Posts)

This is the general editors account for Mobile Beat Magazine and Website. Who reads Mobile Beat online and in print and attends Mobile Beat events? DJs, VJs and KJs to start with, especially those who own and operate mobile entertainment services. They provide music, video, lighting and a myriad other entertainment choices for corporate events, wedding receptions, dances and innumerable other gatherings.


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