AGENCY PROTECTION AGREEMENT
WHEREAS, [name of agency]______, (“Employer”) is an independent insurance
agency, and, [name of employee]_____, (“Employee”) wish to enter into this Agency
Protection Agreement, and
WHEREAS, the personal contact with clients, client contacts and business
relationships developed with clients by Employer’s employees is a valuable business
asset of Employer, and,
WHEREAS, Employee acknowledges that these contacts and relationships are a
valuable asset of Employer,
NOW, therefore, Employer and Employee enter into this Agency Protection
Agreement dated this ______ day of ______________. In consideration of the mutual
promises contained in this Agreement, and other valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
1.
Consideration for this Agreement shall be the employment and/or continued
employment of Employee with Employer.
2.
The term “restricted area” as used herein shall include the Kansas Counties of
____________________________________________________.
3.
The term “prohibited services” shall include all risk management, insurance,
employee benefits, bond and consulting services that are similar to those services
provided by Employee during Employee’s employment with Employer.
4.
The term “restricted period” shall mean a period of ___ months after the
termination of Employee’s employment with Employer, regardless of the reason for such
termination.
5.
The term “active customer” shall mean any customer for whom Employer was
providing any prohibited services at the time of Employee’s termination of employment.
6.
The term “inactive customer” shall mean any customer for whom Employer
provided any prohibited services within ___ months prior to the termination of
Employee’s employment.
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7.
During the restricted period, Employee shall not either directly through
Employee’s own actions, or indirectly through an agent or other person acting on behalf
of Employee, or under the supervision or direction of Employee, within the restricted
area:
a.
Solicit any active or inactive customer of Employer for the purpose of
selling or providing any prohibited services to such active or inactive customer,
b.
Provide any prohibited services to any active or inactive customer,
c.
Accept an invitation to sell or provide any prohibited services to any active
or inactive customer of Employer, or
d.
Induce or intend to induce any active or inactive customer of Employer to
curtail or terminate any business relationship with Employer,
8.
If Employee materially breaches any provision of this Agreement, Employer
reserves the right to avail itself of any remedy available to it at law or in equity. Such
remedy may include injunctive relief enjoining Employee from engaging in prohibited
services in the restricted area during the restricted period, and further may include a claim
for damages as a result of Employee’s breach of this Agreement.
9.
If any provision of this Agreement or any part of any provision of this Agreement
is determined to be unenforceable for any reason whatsoever, it shall be severable from
the rest of this Agreement and shall not invalidate or affect the other portions or parts of
the Agreement, which shall remain in full force and effect and be enforceable according
to their terms. Furthermore, no covenant herein shall be dependent upon any other
covenant or provision herein. Each covenant shall stand independently and be
enforceable without regard to any other provision of the Agreement.
10.
This Agreement shall be construed under and governed by the laws of the State of
Kansas.
11.
In the event that either party prevails in any legal action to enforce any of the
terms and conditions of this Agreement, such party shall be entitled to, as contractual
damages hereunder for any breach of this Agreement or in addition to any other remedies
available for such breach, all reasonable fees and costs, including attorney fees, incurred
by such party to enforce such terms and conditions of this Agreement.
12.
This Agreement constitutes the entire Agreement with respect to the matters
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referred to herein and supersedes any previous agreement either written or oral. No
provision of this Agreement may be altered or modified except in writing signed by both
parties to this Agreement.
IN WITNESS WHEREOF, Employer has caused this Agreement to be signed by its
duly authorized agent, and Employee has signed below acknowledging Employee’s intent
to be bound by the terms and conditions set forth herein
EMPLOYER
By _____________________________
Name ___________________________
Title ____________________________
EMPLOYEE
_______________________________
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