[Boutique] Competition Prohibition Agreement

This article directory 1 non-competition agreement 2 non-competition agreement 3 non-competition agreement 1st: non-compete agreement

Party A:

Party B: ID number:

Party B has signed a labor contract with Party A, and is a Party A employee. Due to work needs, it has contacted Party A’s trade secrets, to protect Party A’s trade secrets and its legitimate rights and interests, and to ensure that Party B does not compete with Party A during his or her employment and after leaving office. According to the "Labor Contract Law of the People's Republic of China" and other laws and regulations, under the principle of equality, voluntariness, consensus, honesty and credit, Party B shall bear Party B’s contractual obligations to Party A and Party A shall be competing for Party B. The following agreements are reached on related matters such as compensation for Party B and other related matters:

1. Party B shall not engage in the following acts during its term of office without the consent of Party A:

1. Opening or producing or operating the same products as those produced or operated by Party A;

2. Self-operated business similar to Party A;

3. Operate products of the same kind as those produced or operated by Party A for others;

4. Operate the same business as the other party for others.

2. The non-competition obligation of Party B after leaving the company

1. Regardless of the reasons for leaving the company from Party A, Party B shall immediately transfer to Party A all files, records, information, equipment, data, notes, reports, and all the information contained in the business development. Plans, objectives, correspondence, drawings, drawings, blueprints and outlines, and complete the relevant procedures, all records are absolute property of Party A. Party B will ensure that the relevant information is not leaked and may not be retained in any form. Information about trade secrets cannot be reproduced, copied or transmitted to anyone in any way, and the above information must not be used for profit.

2. If you leave your company for any reason, you must not work in the same or similar industry as the company engaged in Party A and within the company that has a competitive relationship with Party A within 2 years after leaving the company.

3. Regardless of the reasons for leaving the company from Party A, it is not allowed to self-organize a company that has a competitive relationship with Party A or engage in the production of products related to Party A's trade secrets within 2 years after leaving the company.

4. Within 2 years after the separation from Party A, it shall not be directly or indirectly through any means for the benefit of yourself, others or any entity or with others or entities to attract, induce, recruit or encourage Other members of the party leave or dig away other members of Party A.

5. From the time when Party B begins to calculate the non-competition period, Party A shall pay Party B a certain amount of non-competition compensation for compensation according to the period of non-competition. The standard of compensation is RMB yuan per month. The compensation fee shall be paid monthly from the beginning of the month and shall be paid by Party A to Party B on the monthly basis. If Party B refuses to collect, Party A may deposit the compensation fee to the relevant parties.

6. When the competition is forbidden, Party A will stop paying the compensation fee.

7. Party B shall inform Party A of its current address, contact method and work status before the 20th of each month. Party A may go to Party B's residence to verify the situation at any time, and Party B shall actively cooperate.

Third, liability for breach of contract

1. If Party B fails to perform its obligations, it shall be liable for breach of contract. The liquidated damages shall be paid to Party A at one time. The amount of default shall be three times that of Party B's total salary of Party A in the previous year. At the same time, if Party B’s breach of contract causes losses to Party A, Party B shall compensate Party A for the losses, and Party B’s proceeds shall be returned to Party A.

2. If Party A fails to perform its obligations, it shall be liable for breach of contract in accordance with the law.

Fourth, dispute resolution

Due to the labor disputes arising from the performance of this Agreement, the two parties shall be mainly based on negotiation. If it cannot be settled through negotiation, one or both parties to the dispute shall have the right to apply for arbitration from the labor dispute arbitration committee at the locality of Party A.

Five, other

1. Technical secrets mentioned in this Agreement, including but not limited to: technical solutions, engineering design, product design, manufacturing methods, product material composition, process flow, technical indicators, computer software, database, research and development notes, technical reports , test reports, experimental data, test results, drawings, samples, prototypes, models, molds, operating manuals, technical documentation, related correspondence and so on.

2. Trade secrets mentioned in this Agreement, including but not limited to: customer list, marketing plan, procurement information, pricing policy, financial information, purchase channels, etc.

3. Matters not covered by this Agreement or contrary to the relevant provisions of the future state shall be implemented in accordance with relevant regulations.

4. This Agreement and the Confidentiality Agreement signed by both parties shall be the subsidiary files of the labor contract, and shall have the same legal effect after being signed and sealed by both parties.

5. In duplicate, each party holds a copy and has the same legal effect.

person A person B:

Address: Address:

Legal representative: Position:

Signature of the signatory: Phone:

Phone: ID number:

Part 2: Non-compete agreement

Headquarters: _________

Party A: _________.

Party B: _________.

In order to meet the requirements of the franchise, the parties listed above signed the following non-competition agreement according to the franchise system headquarters:

The first competition is prohibited

The term "competition prohibition" as used in this Agreement means that Party B shall not engage in business that competes with the licensing system within the time limit specified in the Franchise Contract, including participation in competition in any of the following ways:

Participate in related business by investment, equity participation, cooperation, contracting, leasing, entrusted operation or any other means;

Directly or indirectly employed by other companies or organizations to participate in related business;

Obtain financial benefits directly or indirectly from companies competing with headquarters.

Second prohibition period

The period of non-competition is included in the period of performance of the contract and _________ years after the termination of the contract. The contract termination time is confirmed in accordance with the following provisions:

If the two parties negotiate to terminate the contract, the time determined by negotiation shall prevail;

If Party B terminates the contract due to breach of contract, the time of the arbitral award shall prevail, but at the same time the ruling to perform the debts and other obligations shall be counted from the date of completion of the performance;

If Party B terminates the contract in violation of the contract, but has not obtained the arbitral award, it shall be counted from the date on which Party B pays Party A and _________ to settle the debt and fulfill all other obligations in accordance with the contract, otherwise it shall be two years from the date of termination of the contract.

Article 3 prohibits the industry

The business referred to in this Agreement that competes with the franchise system shall be understood to be the same and similar business areas as Headquarters, including the following industries:

_________ industry, including _________;

_________ industry, including _________;

_________ industry, including _________.

Article 4 Prohibited Areas

Party B shall bear the geographical scope of the non-competition obligation, including the actual operation of the headquarters franchise system and the province in which the “franchise contract” is being prepared for operation when Party B participates in the non-compete behaviors stipulated in this Agreement.

Article 5 Exclusions

In view of the long-term engagement of Party B in _________, Party B may continue to engage in the original business within the _________ industry and _________ geographical area after the termination of the contract, but may not carry out franchising and _________.

Article 6 Compensation

After the termination of the contract, Party B shall give Party B compensation during the period of fulfilling the non-competition obligation. Party A shall compensate _________. However, if Party B terminates the contract due to Party B's breach of contract, Party B shall not be entitled to compensation at the same time as undertaking the non-competition obligation. With the consent of the headquarters, Party B may waive the right to require Party B to bear the non-competition obligation, and Party B will no longer be compensated.

In the event that Party B terminates the franchise contract during Party B's performance of its non-competition obligations, _________ shall be liable for compensation.

Article 7 Payment

Party B shall pay compensation to Party B. Party B shall, in accordance with the time specified by Party A, collect compensation from Party A's financial department. If Party A fails to pay on time, Party B shall appeal to the headquarters, and the headquarters shall resolve it within _________ months; if the time limit is still unresolved, Party B shall no longer bear the obligation of non-competition. Otherwise, Party B shall not be exempted from the competition. Prohibition of obligations.

Article 8 Reservation rights reserved at Headquarters

The non-compete obligations and other obligations assumed by Party B in accordance with this Agreement are deemed to be the corresponding rights of the Headquarters. After Party A terminates the franchise contract relationship with the Headquarters, and when the Headquarters deems it necessary, it may directly claim rights to Party B in accordance with this Agreement.

When Party A is a branch or franchise store, the headquarters has the right to directly exercise the right of compensation for violation of Party B's breach of contract, unless Party B has fulfilled its compensation obligations in accordance with the provisions of this Agreement.

Without the consent of the headquarters, Party A shall not waive the right to claim compensation from Party B. Otherwise, its actions shall be invalid and the Headquarters shall have the right to claim all or part of the rights waived by Party A in accordance with this Agreement.

Article 9 Supervision

Party A has the right to supervise and inspect Party B's obligations to undertake non-competition obligations. Party B shall perform the following obligations and cooperate with Party A's supervision and inspection:

Provide a copy of the certificate issued by the personnel file archiving agency to prove its labor relationship.

Provide a certificate for each quarter that proves that his or her employer has paid pension insurance;

_________.

If the obligor fails to provide the above-mentioned supporting documents or perform other obligations on time, Party A has the right to stop giving Party B compensation and does not exempt Party B from its non-competition obligations.

Article 10 Liability for breach of contract

Party B violates the non-competition obligations of this Agreement, and its income is owned by Party A and shall be compensated for losses. The amount of compensation for the loss is the benefit of the business in which B is involved in the period of default, or the losses suffered by Party A and the franchise system during the period of default, including reasonable expenses for stopping or investigating the breach.

If the benefits mentioned in the preceding paragraph during the period of breach of contract or the losses suffered during the period of breach of contract are difficult to determine, compensation shall be given to _________ million yuan or more _________ million yuan according to the circumstances of the breach of contract.

If Party B violates the non-competition obligations, Party A has the right to demand that it be liable for breach of contract and stop giving Party B compensation. After accepting the liability for breach of contract, Party B shall continue to perform its non-competition obligations and shall not have the right to request Party A to continue to compensate.

Article 11 Text of the Agreement

This Agreement uses the texts uniformly formulated by the Headquarters and may not be altered without authorization; if the contents are changed without authorization, the contents shall be invalid and shall be executed in accordance with the contents of the original agreement text.

One _________ part of this Agreement shall be deposited by Party A, Party B and _________, and shall have the same legal effect.

person A person B:_________

Legal representative: _________ Legal representative: ______

_________ year ____ month _ day _________ year ____ month ____ day

Part 3: Non-compete agreement

Party A:

Place of residence:

Legal representative::

Party B:

Place of residence:

identification number:

In view of Party B’s performance in the Party A, Party B has already known the business secrets of Party A or has an important influence on Party A’s competitive advantage. In order to protect the legitimate rights and interests of both parties, in accordance with the relevant laws and regulations of the State, in accordance with the spirit of equality, voluntariness, fairness and integrity, after full agreement, this Agreement shall be concluded:

First, the scope of the industry:

Without the written consent of Party A, Party B shall not be prohibited in the following circumstances after the termination of the labor contract relationship between the two parties:

1. It is not allowed to work in any enterprise or institution such as a company that develops, produces, sells or has a competitive relationship with Party A.

2, may not be self-employed, joint ventures and other enterprises and institutions, and the company and other enterprises engaged in research and development, production, sales and competitive products of Party A

Second, the compensation standard:

Since Party B accepts the requirements of Party A's actual business, it will have certain impact on Party B and corresponding economic losses. Therefore, Party A shall give Party B the compensation fee for the actual business. The compensation standard shall not be lower than the annual compensation amount calculated according to the twelve months. One-third of the total compensation received by Party A in the twelve months prior to the departure of Party B.

Fourth, the breach of contract:

1. If Party B violates the provisions of this Agreement and engages in business matters, Party B shall pay Party A the breach of contract. The payment of the liquidated damages does not affect Party A's request for compensation by Party B for other losses caused by engaging in business or other acts, and does not affect Party A's other legal liabilities.

2. If Party A fails to pay compensation, it shall pay Party B a penalty for the 3% of the total amount of compensation payable each month.

Five, other terms:

1. This Agreement shall enter into force on the date of signature or seal by both parties.

2. This Agreement is made in two copies, each party holding one copy and having the same legal effect.

Party B: Party A:

Date: Date: