- Jurisdiction
- Florida
I am wondering if this contract is enforceable. When signing on with this company a few years ago, I didn't think much about signing their paperwork, little did I know they had this in it.
Basically, they had me sign an agreement that says I can't work or consult in the same industry within 2 counties of Florida for 15 months after I leave. How is this fair? What if this industry is all I know how to do?
Heres what the agreement says:
"Company" and Contractor agree that during the time Contractor works for "Company" as an employee, consultant, freelancer, Independent Contractor or in any other capacity, Contractor will not work for or consult with any other written or electronic publications, including but not limited to newsletters email marketing, social media management, email marketing, Google places management or combination of which service the counties in which the Contractor will perform their primary work.
The Contractor further agrees to hold confidential all information derived from this association and not to divulge such information to any other party, except that information normally disseminated as part of his/her/its duties.
In consideration for Contractor's exclusive service, "Company" agrees to compensate Contractor as agreed separately.
This agreement will remain in full force and effect until Contractor no longer works for or on behalf of "Company", however exclusivity will be limited to and within the counties of Miami Dade County and Broward County which shall remain in force for fifteen (15) months beginning the time the Contractor no longer works on behalf of "Company".
It is agreed that Contractor will not contact any of "Company" customers for any business purpose during the fifteen month exclusivity period in which this agreement is in force.
Where it can be difficult to calculate actual damages for breach of this agreement, it is agreed that a breach of this agreement will result in liquidated damages of no less than $15,000 dollars for failure to maintain exclusivity and no less than $25,000 for failure to maintain confidentiality.
It is hereby agreed and acknowledged that it will be impossible to measure in money the damage that would be suffered if the parties fail to comply with any of the obligations herein imposed on them and that in the event of any such failure, an aggrieved Person will be irreparably damaged and will not have an adequate remedy at law. Any such Person shall, therefore, be entitled (in addition to any other remedy to which it may be entitled in law or in equity) to injunctive relief. The parties hereto may seek injunctive relief in arbitration; provided, however, that as an exception to the arbitration agreement, the parties, in addition to all other available remedies, shall each have the right to initiate an action in any court of competent jurisdiction in order to request injunctive or other equitable relief.
If any portion of this agreement is found to be invalid, the remain provisions or parts shall continue in full force and effect.
Basically, they had me sign an agreement that says I can't work or consult in the same industry within 2 counties of Florida for 15 months after I leave. How is this fair? What if this industry is all I know how to do?
Heres what the agreement says:
"Company" and Contractor agree that during the time Contractor works for "Company" as an employee, consultant, freelancer, Independent Contractor or in any other capacity, Contractor will not work for or consult with any other written or electronic publications, including but not limited to newsletters email marketing, social media management, email marketing, Google places management or combination of which service the counties in which the Contractor will perform their primary work.
The Contractor further agrees to hold confidential all information derived from this association and not to divulge such information to any other party, except that information normally disseminated as part of his/her/its duties.
In consideration for Contractor's exclusive service, "Company" agrees to compensate Contractor as agreed separately.
This agreement will remain in full force and effect until Contractor no longer works for or on behalf of "Company", however exclusivity will be limited to and within the counties of Miami Dade County and Broward County which shall remain in force for fifteen (15) months beginning the time the Contractor no longer works on behalf of "Company".
It is agreed that Contractor will not contact any of "Company" customers for any business purpose during the fifteen month exclusivity period in which this agreement is in force.
Where it can be difficult to calculate actual damages for breach of this agreement, it is agreed that a breach of this agreement will result in liquidated damages of no less than $15,000 dollars for failure to maintain exclusivity and no less than $25,000 for failure to maintain confidentiality.
It is hereby agreed and acknowledged that it will be impossible to measure in money the damage that would be suffered if the parties fail to comply with any of the obligations herein imposed on them and that in the event of any such failure, an aggrieved Person will be irreparably damaged and will not have an adequate remedy at law. Any such Person shall, therefore, be entitled (in addition to any other remedy to which it may be entitled in law or in equity) to injunctive relief. The parties hereto may seek injunctive relief in arbitration; provided, however, that as an exception to the arbitration agreement, the parties, in addition to all other available remedies, shall each have the right to initiate an action in any court of competent jurisdiction in order to request injunctive or other equitable relief.
If any portion of this agreement is found to be invalid, the remain provisions or parts shall continue in full force and effect.
