The undersigned (the “Employee”), in consideration of the Employee’s being employed by (i.e. James Sports LLC, “the Company,” and a Franchisee of Sportball System USA, LLC), and of the compensation received by Employee pursuant to such employment, hereby acknowledges and agrees as follows: 

1. In the course of performing Employee's employment duties for the Company, Employee may receive or otherwise obtain information that is confidential and proprietary to the Company's business or to the business of Sportball Systems USA, LLC ("SPORTBALL USA"). Such information may include, but is not limited to, the contents of the Operations Manual, concepts or ideas, patentable or not, systems, developmental or experimental work, designs, processes, methods of 
operation, techniques, flow charts, or any improvements on any of the above, trade secrets, the names and addresses of the Company's customers, marketing plans, quality control procedures, strategies or financial information, pricing information, teaching methods and teaching plans, and other types or kinds of proprietary data associated with the daily conduct of business by the Company and/or SPORTBALL USA ("Confidential Information"). 
2. Employee agrees to protect as confidential, and not to disclose to any person or entity any Confidential Information, either directly or indirectly, during the term of Employee's employment with the Company and at all times thereafter. 
3. Employee agrees not to utilize any Confidential Information other than for the benefit of the Company and during the term of his or her employment, solely in connection with his or her employment and for no other reason. Employee covenants that, except as otherwise approved in writing by the Company and SPORTBALL USA, for continuous uninterrupted periods: 

a. commencing upon the date of expiration or termination of employment with the Company, regardless of the cause for termination, and ending on the six (6) month anniversary thereof; and 

b. commencing on the six (6) month anniversary thereof and ending on the one year anniversary thereof; and 

c. commencing on the one year anniversary thereof and ending on the second anniversary thereof, Employee will not either directly or indirectly, for himself or herself or through, on behalf of or in conjunction with any person, persons, partnership or corporation, own, maintain, engage in, be employed by, advise, assist, invest in, franchise, make loans to or have any interest in any business 
which is "the same as or substantially similar to the Sportball Franchise" (as defined below) and which is located within: 
i. an area within a radius of six (6) miles of the Territory; or 
ii. the area within a radius of six (6) miles of any other Sportball Franchise territory.
A business shall be deemed “the same as or substantially similar to the Sportball Franchise” if it generates revenues from any children’s physical education, athletics or activities programs, services or products. Employee represents that he is fully aware of the foregoing obligations, that the restrictions on post-employment activities are reasonable in terms of length of time, scope and geographic 
coverage, and that such restrictions will not preclude Employee from becoming gainfully employed following any termination of employment with the Company. 
4. If the period of time or the area specified above, should be adjudged unreasonable in any proceeding, then the period of time will be reduced by such number of months or the area will be reduced by the elimination of such portion thereof, or both, so that such restrictions may be enforced in such area and for such time as is adjudged to be reasonable. 
5. Employee agrees to take all precautions necessary to ensure that the Confidential Information shall not be disclosed to third parties. 
6. Employee agrees to observe all security policies implemented by the Company from time to time with respect to the Confidential Information. 
7. Employee shall return to the Company all materials in any medium containing Confidential Information, whether created by the Employee or any other party, on the earlier of a request by the Company or termination of Employee’s employment with the Company. 
8. Employee acknowledges that all Confidential Information is and shall remain the property of SPORTBALL USA or the Company and nothing in this Agreement or any document relating to Employee’s employment with the Company or any course of conduct between the Company and Employee shall be deemed to grant Employee any rights in or to all or any portion of the Confidential Information. 
9. Employee acknowledges that any breach of his or her obligations under this Agreement may cause the Company or SPORTBALL USA great and irreparable injury that cannot be adequately compensated by the payment of damages in an action at law. Accordingly, the Company and/or SPORTBALL USA shall be entitled to the remedies of injunction, specific performance and other equitable relief to redress any breach, or to prevent any threatened breach (and neither the 
Company nor SPORTBALL USA shall be required to post any bond or prove special damages) and Employee shall pay any and all costs and expenses (including reasonable attorneys’ fees and expenses) incurred by the Company and/or SPORTBALL USA in enforcing its rights hereunder. Nothing contained in this Agreement shall, however, be construed as a waiver by the Company or 
SPORTBALL USA of any other right, including, without limitation, SPORTBALL USA's or the Company’s right to damages. 
10. This Agreement shall be binding on and inure to the benefit of the parties and their successors and permitted assigns. The Company may assign its rights and obligations under this Agreement to any of its affiliates without the consent of Employee. Employee may not assign any of his or her rights or obligations under this Agreement. 
11. This Agreement will be governed by and construed in accordance with the laws of the state in which the Employee is employed by the Company.
12. The obligations of Employee under this Agreement shall survive termination of Employee’s employment by the Company. Any failure on the part of the Company or SPORTBALL USA to insist upon the performance of this Agreement or any part thereof, shall not constitute a waiver of any right under this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing and executed by the party waiving the right. The parties agree that the covenants included in this Agreement are, taken as a whole, reasonable in their duration and scope and 
necessary to protect the business of the Company and the business of SPORTBALL USA, and it is the desire and intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. If in any judicial proceeding a court shall refuse to enforce any of the separate covenants included in this Agreement, then such unenforceable covenant shall be deemed modified so as to be enforceable (or if not subject to modification, then eliminated herefrom) for the purpose of those proceedings to the extent necessary to permit the remaining covenants to be enforced. 
13. Employee acknowledges that this Agreement does not create any obligation on the Company to continue to employ Employee for any period. 
14. Employee acknowledges that SPORTBALL USA and its affiliates are third-party beneficiaries of this Agreement and may enforce the provisions of this Agreement independent of the Company's decision to seek enforcement.

In both Canada and U.S.A., we are required to protect private information concerning our registrants. Privacy Legislation requires Sportball to provide formal safeguards for private information collected from Sportball registrants. 

Please familiarize yourself with the policies and procedures below: 
1. The Sportball Registration Form and Policy documents include a Sportball Privacy Policy. You must familiarize yourself with this policy. 
2. Coaches and Administrators may not use the information set out in the Registration form or Class List for any other purpose than to contact parents/guardians for Sportball purposes, or to deal with medical emergencies. We are not permitted to allow anyone other than a Sportball Coach for each class, or an Administrator to view the Class List or the allergy/medical information. 
3. Class list must not be copied. 
4. Class lists and allergy/medical information must be signed in and out by Coaches at the beginning and end of each season. 
5. Class lists and allergy/medical information must be shredded at the end of each season.