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I, (Applicant Name), do hereby agree to submit to testing to be performed by a facility chosen by The Window Cleaning Experts, Inc. for detection of drugs and alcohol. I give permission for test results to be released to The Window Cleaning Experts, Inc. I understand that positive test results, refusal to be tested, or any attempt to affect the test results or test sample will result in withdrawal of my provisional employment offer I have received from The Window Cleaning Experts, Inc or termination of employment, depending on when results are received.
I understand that The Window Cleaning Experts, Inc may obtain consumer credit reports and/or consumer reports and/or investigate consumer reports about me from a consumer reporting agency. The information contained in the report(s) may be used in whole or in part for the purpose of evaluating me for employment, promotion, reassignment or retention as an employee.
I understand the consumer reporting agency may conduct an investigation which may include the following types of information: credit information, information regarding my character, general reputation, personal characteristics, mode of living, judgments, liens, convictions, past employment problems, education verification and history, job verification and history, driving records, personal interviews with other individuals, civil records, wants and warrants, verification of references and social security taxes.
I understand that such information may be obtained be direct or indirect contact from former employers, schools, financial institutions, landlords, and public agencies and through personal interviews with my neighbors, friends and associates, acquaintances, or other persons who may have such knowledge and I authorize these persons/entities to provide such information and records pertaining to me to the consumer reporting agency making these inquiries pursuant to the authorization.
I acknowledge that I have been provided a description in writing of any rights under the Federal Fair Credit Reporting Act. I understand that before any adverse action is taken based on information in any report received by the reporting agency that I will be provided a copy of that report.
My consent below signifies that (1) I have reviewed this document carefully, (2) I understand its contents, (3) I authorize The Window Cleaning Experts, Inc to obtain the report(s) and information identified in this document from a consumer reporting agency, (4) I understand that this consent is valid for the duration of my employment with The Window Cleaning Experts, Inc.
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This NON-COMPETITION AND CONFIDENTIALITY AGREEMENT (the “Agreement”) is made and entered into on this day, by and between Window Cleaning Experts, Inc., a Florida corporation (“Employer”) and (“Employee”). In consideration of Employee’s initial or continued employment by Employer and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows:
Scope and Purpose. Employer is engaged in the business of providing residential and commercial window, gutter, and chandelier cleaning services, and pressure washing services. Employee acknowledges and agrees that during the course of his employment by Employer, Employee will have access to valuable and confidential professional and business information of Employer, its substantial relationships with prospective and existing service recipients, clients, and customers, trade secrets, and similar information. Employee further acknowledges and agrees that it is essential to the conduct of Employer's services and to the protection of its owner's investment that the foregoing information is kept confidential and that its professional and business relationships are protected.
Term. This agreement shall remain in effect throughout Employee’s employment with Employer and during such periods thereafter as further specified below.
Non-Competition. During Employee's employment and for a period of eighteen months after the cessation of Employee's employment with Employer, Employee shall not engage in Prohibited Competition with any Competing Business or Entity. The term "Prohibited Competition" shall mean to own, manage, control, advise, consult with, or be employed by, financially interested in, or connected in any manner with a Competing Business Entity. The term "Competing Business or Entity" shall mean any seller, distributor, and/or supplier of residential and/or commercial window, gutter, and chandelier cleaning services, and pressure washing services, or any other similar business which Employer is currently engaged or becomes engaged during Employee's employment. The restrictions set out above shall apply regardless of whether the prohibited activity is done directly by Employee or indirectly with Employee's direction, assistance, input, or investment. Likewise, these restrictions shall apply regardless of whether the prohibited activity is done for the benefit of Employee or for the benefit of some other third party.
Non-Solicitation. During Employee's employment and for a period of eighteen months after the cessation of Employee's employment with Employer, Employee shall not directly or indirectly, or through association of others, attempt to obtain or divert business from Employer or solicit or otherwise communicate with any of the employees or customers of Employer, for the purpose of causing such parties to terminate or alter their business relationship with Employer. The term "customer" shall mean any person, partnership, corporation or other business entity which is or was a customer of Employer, or which had a relationship as a prospective customer, at any time during the year preceding the cessation of Employee’s employment with Employer.
Confidentiality. As used in this Agreement, "Confidential Information" shall mean any and all information, data, documents, agreements, files, or other materials, disclosed or made available to Employee by Employer or its Clients that relate to past, present, or future business activities of Employer or its Clients, or any work Employee provided pursuant to this Agreement. This includes, but is not limited to, trade secrets, information pertaining to operations, strategies, business development, clients, prospects, pricing, budgets, costs, marketing, finances, financial information and data, personnel, personally identifiable information, and other information that is treated as confidential and proprietary by Employer or any of its Clients. Any Confidential Information that Employee develops in connection with his or her employment shall be subject to the terms and conditions of this paragraph. Employee agrees to treat all Confidential Information as strictly confidential, not to disclose Confidential Information or permit it to be disclosed, in whole or in part, to any third party without the prior written consent of Employer in each instance, and not to use any Confidential Information for any purpose except as required in the performance of Employee's employment. Employee shall notify Employer immediately in the event Employee becomes aware of any loss or disclosure of any Confidential Information. Notwithstanding cessation of Employee's employ
5.1 Compliance with Applicable Law. Nothing in this provision shall be construed to prevent disclosure of Confidential Information as may be required by applicable law or regulation, or pursuant to the valid order of a court of competent jurisdiction or an authorized government agency, provided that the disclosure does not exceed the extent of disclosure required by law, regulation, or order. Employee agrees to provide written notice of any such order to Employer’s Chief Executive Officer within two days of receiving such order but, in any event, sufficiently in advance of making any disclosure to permit Employer to contest the order or seek confidentiality protections, as determined in the Employer’s sole discretion.
Return of Information. Employee promises and agrees that upon the conclusion of Employee's employment with Employer, Employee will immediately delivery to Employer all data, records, papers, plans, files, lists, samples, and other documents or things, as well as copies of such information, regardless of the form in which such information exists, that contain Confidential Information belonging to Employer.
Employment at Will. Employee's employment with company is voluntary and is subject to termination by Employee or Employer at will, with or without cause, at any time, for any reason. Nothing in this Agreement shall be interpreted to be in conflict with or to eliminate or modify in any way the employment-at-will status of your employment. Further, nothing in this Agreement, or in any employment-related document, should be construed as an employment contract or the basis for any implied contract or to set any definitive term of employment.
Consideration. Employee agrees that the employment described above, and the compensation paid to Employee in connection therewith shall constitute good and valid consideration for the promises made by the Employee throughout this Agreement. Employee further acknowledges and agrees that the promises made by Employee throughout this Agreement are in consideration for the access that Employee will be given to the Trade Secrets and Confidential Information of Employer that will be provided to Employee during Employee's employment with Employer.
Geographic Scope. The parties agree that Employer business and operations are through several counties within the State of Florida. Accordingly, the provisions of this agreement shall extend to restrict and prohibit the activities described above in paragraphs 3, and 4 in the following counties: Hillsborough County, Pasco County, and Pinellas County, from which Employee attempts to conduct prohibited activities affecting Employer’s interest in these counties.
Remedies and Governing Law. In the event Employee violates, or threatens to violate, the provisions of this Agreement, Employer may seek monetary damages and any other remedy to which it is entitled from Employee, and will be specifically entitled to immediate injunctive relief to compel Employee's adherence to the promises made herein. Employer and Employee agree that this Agreement will be interpreted and governed by the laws of the State of Florida. Jurisdiction and venue for any action brought under this Agreement shall be exclusively state and federal courts located in Hillsborough, County, Florida.
Attorneys' Fees. In the event Employee violates any term or covenant of this Agreement, Employer shall be entitled to recover all expenses or obligations, including but not limited to, attorneys' fees and costs incurred in instituting, prosecuting, appealing, or defending of any action or proceeding related to such default or breach of contract.
Successors and Assigns. Employee may not assign, and represents that Employee has not assigned, any of Employee's rights or obligations under this Agreement. Employer may assign its rights and delegate its duties hereunder in whole or in part to any affiliate or successor of Employer or to any transferee of all or a portion of the assets or business to which this Agreement relates.
Continuance of Agreement. The promises made herein will survive the termination of Employee’s employment with Employer and continue in full force and effect thereafter.
Entire Agreement and No Oral Modification. This Agreement constitutes the entire agreement between Employee and Employer with respect to the subject matter and promises made herein. This Agreement may not be orally modified, amended, or changed.
Severability. In the event that a court of competent jurisdiction determines any provision of this Agreement to be invalid or unenforceable, Employer and Employee agree that the remaining provisions of this Agreement will remain valid and in full force and effect unless declared otherwise by the court. If, at the time of enforcement of any provision of this agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, Employee agrees that the maximum period, scope, or geographical area reasonable under such circumstances shall be substituted for the stated period, scope, or area.
Irreparable Harm and Remedy for Breach. Employee acknowledges and agrees that any breach or threatened breach of this Agreement would cause Employer irreparable harm not readily susceptible to measurement in economic terms or for which economic compensation may be inadequate. Accordingly, you agree that in the event of a breach or threatened breach by you of any of the provisions of this Agreement, Employer shall, in addition to any monetary damages or other legal remedies available to it, be entitled to equitable relief, including without limitation, specific performance, temporary restraining order, and temporary or permanent injunctive relief.
Effectiveness and Date. This Agreement will become effective as soon as Employee has signed it. The date of this Agreement will be the date this Agreement is signed by the Employee (as indicated by the date associated with Employee's signature).