current teacher status with PADI at the time of this Agreement. to participate, in a personal capacity or through a commercial entity, in activities in competition with the activities of the establishment, within a radius of one kilometre from one of the sites of the establishment. The Course Director acknowledges and agrees that this Section of this Agreement is proportionate to the protection of the legitimate business interests of the institution. This non-competition clause covers, but is not limited to: diving courses, retail sale of diving equipment, diving excursions, air filling, diving equipment services; and seeking or obtaining employment with a direct competitor of the establishment`s sub-marine retail trade. In the event that a court of competent jurisdiction finds that a part or provision of this Section constitutes an unenforceable restriction on trade or that it is not enforceable, the parties agree that such agreement is not null and void, but that it is thus applicable in that geographical area and for such a period, which may be determined in accordance with the laws of the State. Consideration of all relevant factors In addition, the Instructor expressly authorizes the Entity to deduct from any amount due or payable by the Entity all amounts due and due by the Instructor under this Agreement. or for the benefit of a natural, company or other legal person, or itself, to use files, proprietary trade secrets or other confidential information about the professional customers, students, methods, operations, financing, personnel, products or marketing of the Facility. Trade secrets and confidential information are information that is not known to the Instructor, with the exception of the provision of services by the Instructor in accordance with this Agreement. All recordings, reports, claims and correspondence retained by the Instructor are the exclusive property of the Entity, unless otherwise required by law. The trainer acknowledges that all files, customer records, lists, books, records, literature, products and other materials belonging to the institution or used by it in connection with the activities of installation or execution of the activities of the institution, remain at all times the property of the institution, including student files, furniture, motor vehicles, computer equipment, office equipment, software, manuals, work files, forms and stationery; and that upon termination of this Agreement, regardless of the time, nature or reason for such termination, the Instructor assigns all ownership to the Entity, unless otherwise provided by law.
During the term of this Agreement, the Dive Instructor may not attend diving courses or provide diving courses or courses, except within the framework and in accordance with this Agreement, unless prior written permission of the establishment. the Instructor has warranted that (a) entering into this Agreement and providing the property and services it needs to fulfill its obligations under this Agreement will not create and create any legal or cheap rights in favour of any former employer or contractor of the Instructor against the Instructor or entity; (b) the instructor has current teacher status in PADI and his or her certification has never been suspended or revoked; and this Agreement is personal to either party, and neither party may assign or delegate its rights or obligations under this Agreement without the prior written consent of the other party. The trainer agrees that he is not treated as an employee by the institution and is solely responsible for all tax debts related to his business, including the payment of federal income taxes, autonomy taxes, and payroll taxes, as required. . . .