Student NDA & Non-Compete V2
Thank you for registering for the Essentials class.
Estate Management Solutions is a pioneer luxury household management, service, staffing, and education company – we are proud to be able to offer industry-leading educational courses to service professionals interested to learn about the methodologies and specialized skills, tools, protocols, and systems that EMS has created and/or discovered to be instrumental within its niche service industry.
EMS created its Essentials of Household & Estate Management Course with its state-of-the-art EMS Curriculum to teach students the information and skills necessary to draft and implement Systems, Policies & Procedures Manuals for a luxury household management system.
The EMS team is committed to exceptional quality of service in every aspect of our business – we will do everything we can to make sure your education experience is as beneficial, friendly, and informative as possible.
As you prepare to begin your Essentials Course, please take all the time you need to review and complete our terms of agreement pertaining to Confidentiality & Marketplace Competition.
We understand there is a lot of information here. If you have any questions, or if you do not understand any of our service terms, conditions, or policies, please do not hesitate to ask us for clarification.
Peter Colt Van RyderFounder & CEO
[email protected]Dallas: (214) 605-7286 | Austin: (512) 969-8280 | Houston: (713) 258-9800www.HNWSolutions.com
This Student Confidentiality & Non-Competition Agreement (this “Agreement”) is by and between HNW Solutions, LLC, a Texas Limited Liability Company doing business as Estate Management Solutions (“EMS” or “We”) and the student whose name appears on the line below:
(the “Student”, or “I”), (collectively, “Parties”).
EMS and the Student will be referred to in this Agreement individually by name or as “Party” and collectively as “Parties.” The Parties, intending to be legally bound, agree as follows:
PROMISE NOT TO ENGAGE MARKETPLACE COMPETITION AGAINST EMS. At all times while the Student is taking the Essentials Course, and for a period of 1 year after the Student is finished with the Essentials Course or chooses to stop participating in the Essentials Course (for whatever reason), unless the Student has obtained prior express written consent from EMS, the Student agrees and promises TO NOT apply the skillsets, Course Materials, trade secrets, or other Confidential Information that the Student learns or gathers during the Essentials Course to inform, improve, participate with, work for, etc., directly or indirectly, any business or contracted service that involves the design, sale, or managed implementation of luxury household systems manuals (or related products and fractional services that are competitive to the offerings of EMS) within Dallas, Fort Worth, and surrounding areas in the State of Texas, as well as those certain other specific areas in Texas, California, Chicago, Florida, New York, Louisiana, etc. where EMS currently operates or has plans to operate in the reasonably near future (collectively, “EMS Operations Territory”).
PROMISE NOT TO SOLICIT OR DIVERT EMS BUSINESS, CLIENTS, OR VENDORS. At all times while the Student is taking the Essentials Course, and for a period of 1 year after the Student is finished with the Essentials Course or chooses to stop participating in the Essentials Course (for whatever reason), unless the Student has obtained prior express written consent from EMS, the Student agrees and PROMISES THAT THE STUDENT WILL NOT, directly or indirectly:
The Student acknowledges that a violation (or threatened violation) by the Student of any of the promises contained in Sections 1, 2, 3, or 4 of this Agreement would cause irreparable damage to the Company in an amount that would be material but not necessarily readily ascertainable, and that any typical remedy at law (including the payment of purely monetary damages) would be generally inadequate. Accordingly, the Student agrees that, notwithstanding any provision of this Agreement to the contrary, EMS shall be entitled—without the necessity of showing economic loss or other actual damage—to injunctive relief (including temporary restraining orders, preliminary injunctions and/or permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the promises set forth in Sections 1, 2, 3, or 4 of this Agreement in addition to any other legal or equitable remedies EMS may have. The preceding sentence shall not be construed as a waiver of the rights that EMS may have for damages under this Agreement or otherwise; all of EMS rights shall deemed as reserved, in-tact, and unrestricted.
In consideration for the Student’s signed promises under this Agreement, and for their payment of tuition costs, EMS will permit the Student to enroll and participate in the Essential Course to learn about valuable, unique, and specialized skillsets, industry practices, resources, etc. A material breach by the Student of any promises or obligations under this Agreement shall be considered grounds for an immediate “Expulsion for Cause” from the Essentials Course without refund of service fees.
Accordingly, By signing below, I, the Student, am expressing my good-faith acknowledgement and agreement that, especially given the positive goodwill and scope of EMS business in its niche industry, as well as the uniqueness of the information and specialized skillsets that will be shared with me through the Essentials Course, all of the terms of agreement and restrictive covenants to be imposed by this Agreement are reasonably-tailored with respect to subject matter, time period, and geographical area - these restraints do not and will not constitute a threat to my livelihood. I believe that the harm to EMS that could arise through a choice to not enforce the provisions of this Agreement significantly outweigh any potential workplace limitations or harms that I would experience as a result of enforcement by injunction or otherwise. I understand the voluntary nature of all background screening processes and I promise that I am not aware of any law, rule, regulation, order, agreement, promise, undertaking, or other fact or circumstance which would prevent full execution and performance of this Agreement as written.
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Document Name: Student NDA & Non-Compete V2
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