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New Hire Non-Disclosure/ Non-Compete

M&S Sublets & Services LLC

Non-Disclosure and Non-Compete Agreement

I, recognize that M&S Sublets & Services LLC (“M&S LLC”) is engaged in providing custom-designed tours and activities, this agreement is relevant to your role as a Sales Associate regarding our Group trips to Europe. As part of my periodic engagement with M&S LLC, I have certain obligations to the information I am provided access to. In return for my engagement by M&S LLC, I acknowledge and agree that:

Effective Date: This agreement (“Agreement”) shall become effective upon my agreement to accept a tour representative assignment.
Confidentiality: I will maintain in confidence and will not disclose or use, either during or after the term of my affiliation, any proprietary or confidential information or know-how belonging to M&S LLC (“Confidential Information”), whether or not in written form, except to the extent required to perform duties on behalf of M&S LLC. Confidential Information refers to any information, not generally known in the relevant trade or industry, which was obtained by me in the scope of my engagement. Such Confidential Information includes, but is not limited to, software, technical and business information relating to M&S LLC’s tours, research, finances, customers, marketing, and future business plans and any other information which is identified as confidential by M&S LLC. Upon termination of my engagement or at the request of an M&S LLC’s representative before termination, I will deliver to M&S LLC all written and tangible material in my possession incorporating the Confidential Information or otherwise relating to M&S LLC’s business.
M&S LLC’s Materials: Upon termination of my engagement with M&S LLC or at any other time upon M&S LLC’s request, I will promptly deliver to M&S LLC, without retaining any copies, all documents and other materials furnished to me by M&S LLC or prepared by me for M&S LLC.
Competitive Engagement: During the term of my engagement with M&S LLC, I will not engage in any affiliation, consulting, or other activity in any business competitive with M&S LLC without M&S LLC’s written consent. By definition, a competitive business is anyone interested or involved in the tourism industry or tour guiding division, e-scooter rentals, and tour and ticket agencies whose primary purpose is to provide tours, rentals, convention scooter activities and travel services, scooter event planning, and any activity similar of that offered By M&S LLC.
Non-Compete Agreement: During the term of my engagement with M&S LLC and for a period of three (3) years thereafter, I will not engage in the creation of, or principle ownership in, a business that provides guided tours, trips to europe similar to Atomic Trips, scooter rentals, scooter convention services, or any for of B2B offerings similar to Atomic Scooters and similar services that are deemed as direct competition with M&S LLC by M&S LLC.
Non-solicitation: During the term of my engagement with M&S LLC and for a period of five (5) years thereafter, I will not solicit or encourage any clients of M&S LLC to terminate their relationships with M&S LLC, or to participate in activities offered by any business competitive with M&S LLC.
No Conflicting Obligations: My performance of this Agreement and as an affiliate of M&S LLC does not and will not breach any agreement to keep in confidence proprietary information, knowledge or data acquired by me prior to my affiliation with M&S LLC. I will not disclose to M&S LLC or induce M&S LLC to use, any confidential or proprietary information or material belonging to any previous employer or other person or entity. I am not a party of any other agreement which will interfere with my full compliance with this Agreement. I will not enter into any agreement, whether written or oral, in conflict with the provisions of this Agreement.
Specific Performance: A breach of any of the promises or agreements contained herein will result in irreparable and continuing damage to M&S LLC for which there will be no adequate remedy at law, and M&S LLC shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate).
Waiver: The waiver by M&S LLC of a breach of any provision of this Agreement by me will not operate or be construed as a waiver of any other subsequent breach by me.
Sever-ability. If any part of this Agreement is found invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement will remain in full force.
Entire Agreement: This Agreement, including all Exhibits to this Agreement, constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior discussions, negotiations, and agreements, whether written or oral. This Agreement may be amended or modified only with the written consent of both me and M&S LLC. No oral waiver, amendment or modification will be effective under any circumstances whatsoever. Nothing in this Agreement constitutes or shall be interpreted as altering or otherwise affecting my status as an “affiliate”; my status as an “affiliate” representative is hereby acknowledged.

12 Assignment: This Agreement may be assigned by M&S LLC. I may not assign or delegate my duties under this Agreement without M&S LLC’s prior written approval. This Agreement shall be binding upon my heirs, successors, and permitted assignees.

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April 6, 2019 2:17 pm PST

New Hire Non-Disclosure/ Non-Compete Uploaded by Sabrina Weldy - gtw702@gmail.com IP 174.68.188.134