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Healthy Steps Nutrition Staff Contract

THIS EMPLOYEE AGREEMENT (the “Agreement”), is effective as of (the “Effective Date”) between Healthy Steps Nutrition, LLC, (“Employer”) a limited liability company with a principal place of business in the State of Florida, and (“Employee”).

WHEREAS, Employer offers physical fitness instruction services and nutrition counseling;

WHEREAS, Employee wishes to obtain, and Employer has agreed to grant, employment in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the promises and the mutual agreements contained herein, the parties hereby agree as follows:

Confidential Information

Employee acknowledges that Employer is the exclusive owner of Employer’s Confidential Information.

Employee agrees that Employee will not in any manner or form, at any time disclose, revel, unveil, divulge or release either directly or indirectly, any confidential information for personal use or for the benefit of any third party and shall at all times endeavor to protect all confidential information belonging to Employer. Employee further agrees that Employee will not disclose confidential information concerning Employer, Employer’s employees, or Employer’s affiliates which could adversely affect Employer’s image, reputation, or value.

Confidential information includes, but is not limited to:

Employer customer information such as names, addresses, telephone numbers, medical information, and banking information;
All secrets, trade secrets, ideas, processes, and procedures of Employer;
Employer’s business methods, practices, strategies, related information including marketing and advertising tactics, and client retention information;
Employer’s financial information such as pricing structure, profit margins, sales information or data, terms of contracts, costs, and banking information;
Employer’s proprietary information such as employee manuals, advertising plans, interviewing techniques, training manuals, names of Employer’s suppliers and customers, recipes, number of employees, and general business structure;
Information received from third parties to whom Employer owes a duty of confidence; and
Any information or knowledge which Employee derived as a result of being employed by Employer.

Employee agrees that Employee will not make copies or summaries, nor maintain original copies, of confidential information. Furthermore, any copies of confidential information held by Employee must be returned to Employer within fourteen (14) days of termination of this agreement. Within that same period of time, any marketing or promotional materials which are considered to be the property of Employer shall be removed from Employee’s social media, place of business, and any other area which may cause confusion among the public as to whether or not Employee is still associated with Employer. Employee agrees to cease the utilization of Employer’s marketing materials after the date of termination of this agreement.

Non-solicitation of clients

Employee agrees for a period of twelve (12) months after leaving for any reason whatsoever not to directly or indirectly solicit competitive business from any client or customer of the organization (including any potential client of Employer) that was contacted, solicited, or served by me or about which Employee received confidential information while Employee was on contract with Employer, nor for the same period of time, will Employee perform services or accept any business, competitive with that of Employer, directly or indirectly from any of the customers and clients described above, which involves Employee performing similar functions or acting in a similar capacity as when Employee was an independent contractor with Employer.

Non-solicitation of other employees or contractors

Employee agrees for a period of twelve (12) months after leaving for any reason whatsoever, not to directly or indirectly recruit, solicit, or otherwise induce or attempt to induce any employee or contractor of Employer to terminate his or her employment or contract with the Company or otherwise to act contrary to the interests of Employer.

Non-Competition

Employee agrees for a period of six (6) months from the date of termination of this agreement, that Employee shall not, in any manner, represent, provide services or engage in any aspects of business that would be deemed similar in nature to the business of Employer without the written consent of Employer. Nor shall Employee solicit any client, customer, officer, staff or employee for the benefit of himself/herself or a third party that is or may be engaged in a similar business.

General Provisions

Necessary protections: Employee acknowledges that the restrictions contained in this Agreement are necessary for the protection and goodwill of Employer and Employee considers them to be reasonable for that purpose. Employee, therefore, agrees that any breach of the terms of this Agreement is likely to cause Employer substantial and irrevocable damage and irreparable harm. In the event of any such breach, Employee agrees that Employer, in addition to such other remedies which may be available, shall be entitled to specific performance and other injunctive or marketing relief including interim or interlocutory relief if demanded.

Severability: In the event that any provision of this Agreement or part thereof shall be deemed void, invalid, illegal or unenforceable in whole or in part, the remaining provisions or parts shall remain in full force and effect.

Governing Law and Attorney’s Fees: This Agreement shall be governed by the laws of the State of Florida and by the laws of the United States of America, and the parties agree to the exclusive jurisdiction of the federal and state courts located in Broward County, Florida without giving effect to the conflict of law provisions thereof. The parties waive trial by jury in all matters relating to this Agreement.

Should any legal action be instituted relating to this Agreement, the prevailing party shall recover its expenses related to the litigation, including all costs of the lawsuit and all reasonable attorney’s fees.

Independent Legal Advice: Employee has been advised that Employee has the right to obtain legal counsel before signing this Agreement and Employee has obtained the level of advice Employee deems appropriate.

Employee acknowledges that Employee has read and agrees to terms in the HSN Staff Handbook.

This contract references Healthy Steps Nutrition which also encompasses HSN Mentoring and Grow Your Nutrition Business.

The parties have executed this Agreement through their authorized representatives indicated below and by signing below each authorized representative acknowledges its receipt, reading, understanding and acceptance of this Agreement.

EMPLOYER

Name of person signing: Lauren Nicole Aucoin

Date:

EMPLOYEE

Date:

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