CCF Construction Services

Non-Compete Agreement

This Independent Contractor’s  Non-Compete Agreement (the “Agreement”) is made effective as of _______________,  20______, by and between _____________________ (the Client) and CCF CONSTRUCTION SERVICES (the Independent Contractor) (collectively referred to as the “Parties”).

For good consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

1.  CONFLICTING EMPLOYMENT:  Independent Contractor agrees that during the time of his/her contract with The Client, he/she will not accept nor will he/she engage in employment, consulting or other business activity directly related to any specific project under contract by the Client.

2.  NON-COMPETE:  Following the termination of contract with the Client for any reason, Independent Contractor agrees not to engage directly or indirectly in any business directly related to any specific project under contract by the Client.

For purposes of this agreement, engaging in “any business directly related to any specific project under contract” shall mean: (i) engaging in a business as an owner, partner or agent; (ii) taking employment with a third party engaged in such business either as an employee, contractor or consultant; or (iii) soliciting customers for the benefit of a third party engaged in such business directly related to any specific project under contract.

3.  NON-SOLICITATION OF EMPLOYEES: The Client agrees that for a period of 1 year following the termination of any contract with Independent Contractor, Client will not induce, recruit or solicit  any of the Independent Contractor’s contractors or employees to terminate their employment or enter into another employment arrangement with Client or a third party.

4.  CONFIDENTIALITY:  Independent Contractor acknowledges that Client shall or may, in reliance upon this Agreement, grant Independent Contractor access to Client’s confidential and proprietary information.  Independent Contractor agrees to not disclose to any other person (unless required by law) or use for personal gain any such confidential or proprietary information at any time during or after the termination of contract, unless Client grants express, written consent of such a disclosure. 

5.  CONTINUING OBLIGATIONS:  Notwithstanding the termination of Independent Contractor for any reason, Sections 1, 2, 3 and 4 of this Agreement will continue in full force and effect following such termination.

6.  BINDING EFFECT:  The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

7.  WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

8.  SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

9.  ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Independent Contractor and Client.

10.  GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.

CLIENT:

___________________________________________________

(Signature)

__________________________________

(Name – Please Print)

__________________________________

(Position)

INDEPENDENT CONTRACTOR:

____________________________________________________

(Signature)

___________________________________

(Name – Please Print)