Confidential Information. For purposes of this agreement, the information which shall be deemed confidential shall include all written information generated or produced by Stampede or Stampede’s Employees engaged in the performance of their duties, all oral or written information, however stored, whether through computer, magnetic tape, paper or other medium, concerning the operation of the business and its services including, without limitation, the Stampede’s policies and manuals, know-how, trade secrets, names, addresses and telephone numbers of clients or prospective clients, documents, brochures, programs, software, techniques, and similar items used by the Stampede to sell, explain, or render its services, the nature of the type of services rendered for any particular client, and the methods used to perform those services, and all information regarding the billings to any client, including both the rates billed and the gross billings. All of the above items are collectively referred to as the “Confidential Information.” The Confidential Information obtained by the Employee during the course of the Employee’s employment shall remain the property of Stampede and shall be returned to Stampede promptly together with any copies thereof immediately upon termination of this agreement or Employee’s employment with Stampede. Employee expressly acknowledges that this information is the primary asset of Stampede and that any misappropriation of this asset would do irreparable harm toStampede. Employee agrees that he will not give, divulge, or use for his own benefit any Confidential Information acquired or coming to Employee’s knowledge while employed by Stampede. Employee further agrees to maintain all such Confidential Information in strict and total confidentiality after his termination from Stampede.
Covenant Not To Compete. Employee agrees that during the term of employment with Stampede and until four months after employment with Stampede, Employee will not provide services similar to those of Stampede, either directly or through an entity with which Employee becomes associated by employment, ownership, or otherwise, to the then existing clients of Stampede.
Solicitation of Clients. Employee agrees that during the term of Employee’s employment and until one year after employment with Stampede, Employee, directly or indirectly, in any capacity whatsoever, individually or on behalf of any other person or entity, will not solicit any client, customer, vendor, or employee of Stampede for purposes of any business activity that is in any way competitive with Stampede’s business. For purposes of this Section, “client” and “customer” are synonymously defined as any person or entity for which Stampede has performed services within five years prior to the termination of Employee’s employment.
Professional Conduct. Employee shall abide by all rules, laws, codes of ethics, and regulations of the United States and of each and all states that Employee works in on behalf of Stampede. EMPLOYEE AGREES TO MAINTAIN THE LEGAL MINIMUM AMOUNT OF AUTOMOBILE INSURANCE COVERAGE ON ANY VEHICLE BEING USED BY EMPLOYEE WHILE CONDUCTING ANY BUSINESS ON BEHALF OF STAMPEDE OR STAMPEDE’S CLIENTS, CUSTOMERS, OR VENDORS.
Accident Waiver and Release of Liability. Employee assumes all of the risks of employment, including by way of example and not limitation, any risks or injuries or death that may arise from negligence or carelessness on the part of Stampede, Stampede’s employees, Stampede’s customers, Stampede’s clients, or Stampede’s vendors. Employee waives, releases, and discharges from any and all liability, including but not limited to, liability arising from the negligence or fault of Stampede and Stampede’s directors, officers, employees, volunteers, representatives, agents, customers, and vendors for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, including my traveling during the performance of my duties and an Employee of Stampede. EMPLOYEE INDEMNIFIES, HOLDS HARMLESS, AND PROMISES NOT TO SUE STAMPEDE AND/OR STAMPEDE’S, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AGENTS, CUSTOMERS, AND VENDORS FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF EMPLOYEE’S EMPLOYMENT, WHETHER CAUSED BY THEIR NEGLIGENCE OR OTHERWISE.
Non-Disparagement. Employee agrees to take no action which is intended, or would reasonably be expected, to harm the reputation of or which would lead to unwanted or unfavorable publicity to Stampede, its partners, managers, employees, vendors, independent contractors, or Stampede’s clients and customers. Employee agrees that this covenant will survive the termination or expiration of this Agreement indefinitely.
Legal Advice. Each party has read the foregoing agreement and fully understands the contents thereof. The Employee has been given the opportunity to seek legal advice regarding the contents of this agreement and its effect on his legal rights, to the extent he deems necessary or desirable.
Disputes. All disputes arising out of this agreement shall be submitted to non-binding mediation. The mediator shall be selected mutually by the parties. In the event the dispute is not resolved through mediation, the dispute shall be submitted to arbitration under the Rules of the American Arbitration Association (“AAA”). The arbitrator shall not be empowered to award punitive damages to either party except those damages and remedies expressly agree to in writing by both parties. The non-prevailing party shall pay for the prevailing party’s reasonable expenses incurred during the arbitration, including reasonable attorney’s fees, costs, and expenses.
Waiver. Any waiver by any party, expressed or implied, of a default or breach of any provision of this agreement shall not be deemed a waiver of any other or a subsequent default or breach. Failure of a party to declare any default or delay by any party in taking action with respect to a default will not constitute a waiver of such default.
Entire Agreement. This agreement supersedes all other agreements, either oral or in writing, between the Stampede and the Employee. This agreement contains the entire understanding of the parties, and all discussions, agreements and statements are merged into this agreement. This agreement may not be changed orally, but only by an agreement in writing signed by both parties.
Disclosure. Stampede America and Employer Flexible may obtain information about you from Redstar Backgrounds, Inc. (“Company”), 1846 Lockhill Selma, STE 107 SAN ANTONIO, TX 78213, 210 960 4000 AND WWW.REDSTARBACKGROUNDS.COM, for employment purposes, including without limitation, for the purpose of evaluating you for employment, volunteer work, promotion, reassignment and retention as an employee, at any time prior to or during your employment, if applicable, and without giving you any further notice. Thus, you may be the subject of a criminal background check. These reports may contain, without limitation, all or some of the following types of information about you: driving records and criminal history. AUTHORIZATION I hereby authorize Stampede America and Employer Flexible to obtain background check information about me from REDSTAR BACKGROUNDS INC. for employment purposes, volunteer work, including without limitation, for the purpose of evaluating you for employment, promotion, reassignment and retention as an employee, at any time prior to or during my employment, if applicable, and without giving me any further notice. To this end, I hereby authorize, without reservation, state department of motor vehicles, court, governmental agency, and law enforcement agency, to furnish all background information requested by RED STAR BACKGROUNDS INC., 1703 Lockhill Selma, STE 107 SAN ANTONIO, TX 78213, 210 960 4000 AND WWW.REDSTARBACKGROUNDS.COM, another third party acting on behalf of Company, and/or Company itself, and regardless of whether the requested information was received from another source. I agree that a copy of this Authorization shall be as valid as the original.
Employee is employed by Employer Flexible, LLC and supervised by Stampede America, LLC (“Stampede”). Employee agrees to all of the terms above.