Question
With respect to the geographical area criterion of the law in Maryland for agreements not to compete, determine whether the following new case law below
With respect to the geographical area criterion of the law in Maryland for agreements not to compete, determine whether the following new case law below applies. Then write paragraph on the geographical area restraint of the Agreement Not-to-Compete and submit it when due. If you do decide that the following case is relevant, and you use it in your paragraph, you must cite it correctly.
"A non-compete agreement that extends to the geographical area of the entire State of Maryland or within a radius of 100 miles is overly broad." Electronic Security Services, Inc. v. Higgs, Case No. 04-C-15-304 (Calvert County Cir. Ct. 2015).
Agreement Not to Compete
This is an Agreement ("Agreement") between Sharon Watson ("Watson" or 'You') and Carlton Hair Salon ("Carlton" or 'We' or 'Us'). The Agreement is effective beginning Monday, January 1, 2023.
Carlton provides services associated with hair care including, but not limited to shampooing, cutting, trimming, curling, straightening, coloring, tinting, and any and all hair-care related services. You, during your employment with Us will provide these services to individual customers, as requested by them.
In consideration of the employment opportunity provided by Carlton, You, intending to be legally bound, agree to the following:
Term of Agreement. This Agreement is effective on the Effective Date (above) and shall remain in effect throughout the term of your employment with Carlton and for twenty-five years thereafter.
Limitations of this Agreement. This Agreement is not a contract of employment. Neither You nor We are obligated to any specific term of employment. This Agreement is limited to the subject matter of the agreement-not-to-compete as described below in this Agreement.
Covenant Not to Compete. You agree that at no time during the term of your employment with Carlton will You engage in any business activity other than for Carlton that is competitive with Us for the types of hair-care services listed above, nor work for any company or other employer in any role related to the activities covered by this Agreement.
Following the termination of your employment, whether by your own volition or by Carlton, You will not, for yourself or on behalf of any other person or business enterprise, engage in any business activity in any role related to the activities covered by this Agreement anywhere in Maryland, Delaware, Virginia, or the District of Columbia.
Non-solicitation. During the term of this Agreement, You agree not to solicit any employee or independent contractor of Carlton on behalf of any other business enterprise, nor shall You induce any employee or independent contractor associated with Carlton to terminate or breach an employment, contractual or other relationship he or she may have with Carlton.
Soliciting Customers. During the term of this Agreement, You shall not, directly or indirectly, disclose to any person, firm or corporation the names or addresses of any of the customers or clients of Carlton or any other information pertaining to them. Neither shall You call on, solicit, take away, or attempt to take away any customer of Carlton with whom You became acquainted during the term of your employment, as the direct or indirect result of your employment with Us.
Injunctive Relief. You hereby acknowledge that (1) Carlton will suffer irreparable harm if You breach your obligations under this Agreement; and (2) monetary damages will be inadequate to compensate Us for such a breach. Therefore, if You breach any of the provisions of this Agreement, then We will be entitled to injunctive relief, in addition to any other remedies, at law or equity, to enforce such provisions.
Severable Provisions. The provisions of this Agreement are severable, and if any one or more provision may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.
Modifications. This Agreement may be modified only by a writing executed by both You and Us.
Prior Understandings. This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement. The Agreement supersedes all prior understandings, agreements, or representations.
Waiver. Any waiver of a default under this Agreement must be made in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act.
Jurisdiction and Venue. This Agreement is to be construed pursuant to the laws of the State of Maryland. You agree to submit to the jurisdiction and venue of any court of competent jurisdiction in Montgomery County, MD, without regard to conflict of laws provisions, for any claim arising out of this Agreement.
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