1.  Non-solicitation and Confidentiality

(a) Non-solicitation During Employment – During the term of employment and/or during the term of any contractual agreement with American Maid Service, Cleaning Professional agrees that he or she will not directly or indirectly (whether as an owner, operator, manager, consultant, agent, independent contractor, employee or otherwise) carry on or engage in the business of residential or commercial cleaning or maid service (the “Restricted Business”) with any Clients of American Maid Service other than for the benefit of the Company.  All potential jobs must be booked through the Company and the Company’s office number is the only number to be given out to clients and potential clients.  

(b) Non-competition and Non-solicitation After Employment – For one (1) year after the latter of termination of employment (for any reason) or termination of the contractual agreement (for any reason) with American Maid Service, Cleaning Professional agrees that he or she will not directly or indirectly (whether as an owner, operator, manager, consultant, agent, independent contractor, or employee) carry on or engage in the business of residential or commercial cleaning or maid service with any clients of American Maid Service. Cleaning Professional further agrees that during the Restricted Period he or she will not directly or indirectly: (i) solicit for employment or hire any individual then employed by the Company or employed by the Company at the time of the termination of employment; or (ii) solicit any customer, client or entity having a business relationship with the Company.  

(c) Confidentiality – Cleaning Professional acknowledges that he or she will have access to certain confidential trade secrets, proprietary information, records, customer lists, vendor lists, or other confidential materials owned by the Company.  Cleaning Professional agrees that he or she will not directly or indirectly disclose to others or use for his or her benefit or the benefit of others any of the foregoing information. 

 

2.  Return of Property – Upon termination of employment or the termination of the contractual agreement, Cleaning Professional hereby agrees to return all equipment and supplies issued to him or her in good condition or to pay the fair market value of any unreturned items.  Contractor/Cleaning Professional hereby authorizes the Company to withhold the fair market value of any unreturned or damaged items caused by the fault and/or neglect of the Cleaning Professional from his or her final paycheck to the extent allowable by law.   

 

3.  Severability; Enforceability; Modification – The parties hereto agree that the covenants set forth in this Agreement are reasonable but in the event that any of the provisions of this Agreement are finally determined by any court of competent jurisdiction to be void or unenforceable, the provisions of this Agreement will be deemed to be automatically modified to the most restrictive provisions as allowed by law and, except as so modified, the Agreement will remain in full force and effect.  

4.  Remedy for Breach – Contractor/Cleaning Professional agrees that in the event of a breach of any of the provisions of Section 1 of this Agreement, money damages alone shall not constitute a sufficient remedy and the Company shall suffer irreparable harm and injury as a result.  In the event of such breach, the Company may, in addition to the other rights and remedies existing in their favor, apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive relief in order to enforce or prevent any violations of the provisions hereof, in each case without the requirement of posting a bond or proving actual damages or irreparable harm, all of which Cleaning Professional waives. Should any litigation arise from a breach or attempted breach of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to all other legal and/or equitable remedies, the costs of litigation, including reasonable attorneys' fees.  

5.  Employment at Will – The employment of Cleaning Professional with the Company is on an “at-will basis.”  Cleaning Professional and the Company may terminate employment at any time, for any reason not prohibited by law, and without notice.  Neither this Agreement nor any other Company document confers any contractual right, either express or implied, to remain in the Company’s employ.