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_________________, referred to as EMPLOYEE, and _____, referred to as STATION, agree:
_________________ is employed by _____ as Announcer. EMPLOYEE and STATION acknowledge that as a result of the employer/employee relationship existing that EMPLOYEE will from time to time receive, or create confidential information related to trade secrets, future promotional plans, and that such information might be useful to competitors. The parties further acknowledge that the STATION will expend substantial resources to promote Employee’s name and that such investment would be adversely affected if EMPLOYEE engaged in competition with STATION immediately after the termination of employment.
Upon termination of employment by STATION, EMPLOYEE shall not accept employment in any capacity, act as proprietor, shareholder or act as an independent contractor for any broadcasting station located within a radius of ____ miles from the center of the city of license of the STATION, for a period of ____ days.
The parties agree that the damages, which may be suffered by STATION upon violation of this agreement, are irreparable and intangible in nature. Therefore, the parties agree that STATION shall be entitled to injunctive relief to enforce this agreement.
The parties agree that all disputes related to this agreement shall be arbitrated under the rules of the American Arbitration Association, before a single arbiter. The decision of the arbiter shall be final, and may be entered by any Court of competent jurisdiction as a final judgment.
The prevailing party in any dispute related to his agreement shall be entitled to its reasonable counsel fees.
This is the entire agreement between the parties, and this agreement may only be modified in writing executed by both parties.
_________________, STATION by an authorized officer
This review list is provided to inform you about this document in question and assist you in its preparation. This Non-Competition Agreement can be adapted to restrict competition with regard to industry (e.g., CD ROMs or TV Commercials) by substituting the term of art (e.g., CD ROM) for Station and making the restricted area what you wish it to be (e.g., budget CDs). This is a simple and short agreement. A longer version appears in the Business Agreement section.
This simple one is apt to be signed more readily by your talent. Be guided accordingly. If the talent wishes to change the form, do not be overly concerned by using hand written notes, adjustments, and the like. Written notes, initialed by both parties, are very powerful when brought before a court as a means to prove the parties “read” and “understood” the agreement. This fact is even more powerful in preliminary settlement talks, if litigation should occur.
1. Make multiple copies. Give one to the talent and the other for your file for the specific project. You are also well advised to keep a master list as well.
2. When getting this signed, you may want to have other signed copies from other people to demonstrate to the talent that this is standard and usual, as opposed to them being picked on, and so forth.
3. If you are the talent, be sure the restrictions are not serious and overly broad. If not, signing the agreement cheerfully will endear you to the company.