200 HOURS YTT COURSE
co. longford, Ireland based applicants
BeWell exercises a policy re our Yoga Teacher Training program re applications coming from those with residency/living and working within a particular radius of the BeWell base - County Longford, Ireland + 10K
Should applicants residing/living/working in the area decide to train to become a 200 Hours Yoga Teacher on our 200 Hours Yoga Teacher Training course, it would be expected of them to agree to our non-competition requirements below
The requirements, outlined below, agree not to advertise or set up competitor services in the form of group yoga service(s)/class(es)/school(s)/studio(s) in the area of Co. Longford + 10k radius for a period of 3 years following teacher training with BeWell.
Groups are defined as 5+ persons in an 'open to public' setting.
This non-compete agreement is between Miriam O’ Reilly t/a BeWell “The Yoga Teacher Trainer” and “The Yoga Teacher Trainee”.
(The Trainee) desires to give, and Miriam O’ Reilly to receive from (Trainee) a covenant not to engage, either directly or indirectly, in competition with, or to solicit any customer, client, or account of, BeWell within the territory of Co. Longford+ 10 km, Ireland for a period of 3 years commencing from the Trainee's graduation date.
The Yoga Teacher Trainer (Miriam O’ Reilly) and Yoga Teacher Trainee (Trainee) desire to set forth in writing the terms and conditions of their agreements and understandings.
NOW, THEREFORE, in consideration of the foregoing, of the mutual promises herein contained, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending legally to be bound, hereby agree as follows:
1. Non-Compete Covenant
The Yoga Teacher Trainee acknowledges that the provision of Yoga Services in the area of Co. Longford have a significant and material value to The Yoga Teacher Trainer, the loss of which cannot adequately be compensated by damages alone. The Yoga Teacher Trainee covenants and agrees as follows:
A. For a period of 3 years following the conclusion of The Yoga Teacher Training Program, the Yoga Teacher Trainee shall not within 10kms directly or indirectly of Co. Longford, either for The Yoga Teacher Trainee’s own account or as a partner, shareholder (other than shares regularly traded in a recognised market), officer, The Yoga Teacher Trainee , agent or otherwise, be employed by, connected with, participate in, consult or otherwise associate with any other business, enterprise or venture that is the same as, similar to or competitive with The Yoga Teacher Trainer. By way of example, and not as a limitation, the foregoing shall preclude The Yoga Teacher Trainee from soliciting business or sales from, or attempting to convert to other sellers or providers of the same or similar products or services as provided by The Yoga Teacher Trainer, any customer, client or account of The Yoga Teacher Trainer with which The Yoga Teacher Trainee has had any contact during the term of The Yoga Teacher Training.
B. During the Yoga Teacher Training program and for a period of 3 years thereafter, The Yoga Teacher Trainee shall not, directly or indirectly, solicit for The Yoga Teacher Training Program or employ any contacts of The Yoga Teacher Trainer.
2. Reasonableness of Restrictions
A. The Yoga Teacher Trainee has carefully read and considered the provisions of Section 1 hereof and, having done so, agrees that the restrictions set forth therein (including, but not limited to, the time period of restriction and the geographical areas of restriction) are fair and reasonable and are reasonably required for the protection of the interests of The Yoga Teacher Trainer, its officers, directors, shareholders and other.
B. In the event that, notwithstanding the foregoing, any part of the covenants set forth in Section 1 hereof shall be held to be invalid or unenforceable, the remaining parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Section 1 relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, the agreed upon time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable.
3. Burden and Benefit
This Agreement shall be binding upon, and shall inure to the benefit of, The Yoga Teacher Trainer and The Yoga Teacher Trainee, and their respective heirs, personal and legal representatives, successors and assigns.
The provisions of this Agreement (including particularly, but not limited to, the provisions of Section 1 hereof) shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof.
Any notice required to be or otherwise given hereunder shall be sufficient if in writing and delivered in person or sent by certified or registered mail. Notice may be delivered to a party at the address that follows a party’s signature or to a new address that a party designates in writing.
6. No Waiver
No waiver of any provision of this Agreement shall be valid unless the same is in writing and signed by the party against whom such waiver is sought to be enforced; moreover, no valid waiver of any provision of this Agreement at any time shall be deemed a waiver of any other provision of this Agreement at such time or will be deemed a valid waiver of such provision at any other time.
The headings used herein are for the convenience of the parties only and shall not be used to define, enlarge or limit any term of this Agreement.
This agreement may be modified only by a writing signed by the party against whom such modification against whom such modification is sought to be enforced.
It is agreed that if The Yoga Teacher Trainee violates the terms of this Agreement irreparable harm will occur, and money damages will be insufficient to compensate The Yoga Teacher Trainer. Therefore, The Yoga Teacher Trainer will be entitled to seek injunctive relief to enforce the terms of this Agreement. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.
10. Governing Law
Construction and interpretation of this Agreement shall at all times and in all respects be governed by the laws of The Republic of Ireland.