Covenant Partner Agreement
Cov-e-nant [kuhv-uh-nuhnt]—A solemn agreement between
two or more people in a particular relationship to act together
in harmony to do or not do certain things.
Philosophy—
Honor GodFun
Excellence Personal Responsibility
Seek to Understand In It For Them, We/Us
Lean & MeanGratitude
Belief, MessengerHealthy Foods Education and Fitness Lifestyle
Work EthicOpportunity
Communication Integrity
HopeHealth
Motivation/WhyLife Success
Attitude—
Positive AttitudeSolution Mindset Possibility Thinker
Willingness—
Work EthicOwn It
CoachablePersonal Responsibility
Servants HEART - Seek to Understand
Skill—At this level—Working toward next
Non-Competition and Non Disclosure Covenants
Covenant Partner acknowledges that as such you will have access to trade secrets, confidential practices, including but not limited to, weight loss and fitness program materials, procedures, promotion materials, marketing, business methods, motivational tools, original personal and professional development techniques and business expansion training. Therefore, Covenant Partner is in a unique position to use the special knowledge gained; Covenant Partner acknowledges that breach of the covenants may threaten immediate and substantial irreparable injury to Home Office--- thus impeding the message of health, hope and opportunity being distributed. Covenant Partner hereby agrees that the integrity of the relationship requires that the Covenant Partner shall not engage in competition with Home Office nor shall they disclose any of the proprietary business information or trade secrets of Home Office for a period of up to three years from the expiration date of the last Covenant Agreement signed.
Based on the foundations of integrity, confidentiality, and respect for up to three years following the expiration date of this agreement, Covenant Partner shall not, without the prior written consent of Home Office, directly or indirectly, through corporation, partnership, trusts, associations, joint ventures, or other unincorporated businesses, perform any services for, engage in, acquire, be an employee of, or have a financial interest in any business similar to the business known as "Thin&Healthy," “Donna Krech & Co”. or “Life Success”. This provision shall be liberally construed in favor of finding that a product, program, message, material or routine is competitive. Should separation occur between us, based on the separation being a positive one, Home Office will use its numerous business contacts to arrange ample career opportunities in other industries, in a like position, for the Covenant Partner.
The sole purpose of this agreement is to see that all parties reach their goals and that agreement has been made to get the message of health, hope and opportunity that we stand for out to the world. Signature adhered here confirm joined forces of our team, seal like-mindedness between each team member, and establish as of this date official proclamation of loyalty and the power of a team that displays such.
Adhering Signatures Hereto Indicates the Following
I agree to honor, respect and contribute to the Covenant Partnership laid before me today. I agree to perform in my position to the REAL best of my ability and to ask for assistance, training or clarification when I do not clearly understand or feel I am not capable of such performance. I believe in what this organization stands for and live those beliefs in my daily life. I will consistently grow in and demonstrate the philosophy, attitude, willingness and skill needed to perform unto excellence in my position. I will display respect for those around me by showing up for work on time, dressing according to standards of respect and excellence for my work, see meetings for the importance they hold and know the specific numbers of the areas I am a leader in so unlimited growth can be mine here. I understand I am a vital member of the team and will act accordingly at all times, seeking to understand those around me, appreciating and being in it for them. I understand as a Covenant Partner, I accept the responsibility of running my own business and having a profit-mindset. I acknowledge that opportunity within this company, if sought after, may very well result in the attainment of my financial dreams and professional success, and more importantly happiness, peace achievement and balance in all 12 core areas.
With the connection I receive along with this covenant agreement, I understand that Donna Krech is in it for me and is committed to helping me accomplish the following 3 goals:
1.______
2.______
3.______
And I am committed to helping her accomplish______
______.
______
Covenant Partner Date Licensee Date
CONFIDENTIALITY AGREEMENT
This agreement is entered into this_____day of______, by and between Thin&Healthy Inc (hereinafter called “Employer”), and______(hereinafter called “Employee”).
WITNESSETH:
Whereas, the Employer has agreed to give a position to the Employee in connection with the operation of Thin&Healthy Weight Management.
Whereas, the Employee recognizes that certain confidential information shall be disclosed to the Employee in connection with such employment: and
Whereas, Thin&Healthy Inc. is the owner and developer of such confidential information: and
Whereas, the Employee recognizes that as a condition for employment with the
Employer that the undertakings contained in this Agreement are essential and the
Employee recognizes the importance thereof.
NOW, THEREFOR, in consideration of the mutual promises of the parties, theparties hereby agree that:
1.TRADE SECRETS
The parties hereby acknowledge and agree that the entire system of Thin&HealthyWeight Management utilized at the center operated or licensed by the Employer is confidential trade secret information belonging to Thin&Healthy Inc and Thin&Healthy Weight Management. Such trade secrets include, but are not limited to, stress reduction, cellulite elimination, exercise, figure or physique re-proportioning, marketing techniques, price lists, training manuals, policy manuals, sales promotion materials, customer lists, discoveries, recipes, and any other material or information related to the operation or offering of Thin&Healthy Weight Management.
2. NON DISCLOSURE
The Employee agrees that during the course of his/her employment or at any time thereafter, the Employee will not disclose, directly or indirectly, to any person, without the prior written consent of Thin&Healthy Inc. any information relating to the trade secrets described above, or any other private or confidential matters of the Employer or Thin&Healthy Weight Management. The Employee agrees that upon termination of his/her employment through retirement or otherwise, that the employee will not remove from the premises of the Employer any written material, customer lists or other material, acquired during the course of his/her employment or acquired otherwise, and further, shall return to the Employer any of such information obtained by the Employee.
3. NON-COMPETITION
The Employee agrees that during the course of his/her employment and continuing for a period of one (1) year from the date of termination of such employment through retirement or otherwise, that the Employee will not directly or indirectly own, manage, operate, be employed by, or participate in ownership, management, operation, control, or be connected in any manner with any business which operates a weight management or weight loss, stress control or cellulite reduction center of any type within a fifty (50) mile radius of any center operated by the Employer or by Thin&Healthy Weight Management,or any other franchisee or licensee of Thin&Healthy Inc.or Thin&Healthy Weight Management, or any affiliate or successors of Thin&Healthy Inc or Thin&Healthy Weight Management.
4. ENFORCEMENT
The Employer agrees that in the event the Employee were to violate the provisions of this Agreement, the determination of actual damages would be difficult and inconvenient because of the uncertainty thereof, and therefore the Employee agrees that the Employer and Thin&Healthy Weight Management. would suffer liquidated damages of One Thousand Dollars ($1000.00) per month for each month in which the violation shall occur or continue.
The Employee acknowledges that the Employer and Thin&Healthy Weight Management may seek damages in lieu of the amount of liquidated damages. The Employee acknowledges that irreparable injury will result to the Employer and Thin&Healthy Weight Management in the event of any violation of this Agreement, and that in the event of any violation hereof, the Employer and Thin&Healthy Weight Management shall be entitled, in addition to any other remedy and damages available, to an immediate injunction by any court of competent jurisdiction to restrain the violation by the Employee.
5. ACKNOWLEDGEMENT
The Employee acknowledges that he/she has carefully read this entire Agreement, understands the provisions contained herein and represents that she has had the opportunity to ask questions pertaining to this agreement.
6. MODIFICATION
Any waiver, alteration or modification of any of the provisions of this Agreement or the termination or replacement of this Agreement shall not be valid unless in writing and signed by all parties.
7. APPLICATION TO THIN&HEALTHY
The parties recognize and agree that the Employee is not an Employee or agent of Thin&Healthy Inc. or Thin&Healthy Weight Management but is solely an Employee of the Licensee by which Employee was hired. The parties acknowledge that Thin&Healthy Inc.and Thin&Healthy Weight Management has a legal interest in the application and enforcement of this Agreement and Thin&Healthy Inc. and Thin&Healthy Weight Management shall have the right, in its sole discretion, to enforce the provisions hereof.
8. SUCCESSORS
The provisions of this Agreement shall insure to the benefit of and shall be binding upon the heirs, personal representatives, successors and assigns of the parties.
9. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Ohio.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the date above first written.
______
Manager
______
Employee
______
Thin&Healthy Inc.
By:______
REQUIRED FUNDAMENTALS FOR SUCCESS
Revised May 2007
ALL TERMS OF THIS DOCUMENT ARE NON-NEGOTIABLE
Policies:
1. All terms of Thin&Healthy’s Total Solution confidentiality agreement will be adhered to.
2. There will be periodic seminars and meetings out of town in which travel will be required. The entire staff is required to attend and follow professional dress code guidelines.
3. Weekly meetings will be held no later than Tuesday mornings. ENTIRE staff IS REQUIRED TO ATTEND.
4. A constant positive attitude is a must. Negativity will not be tolerated.
Daily procedures:
5. Schedule must be posted on Wednesday prior to work week. Schedule changes must be approved by manager. Schedule requests must be submitted in writing at least two weeks in advance and will be declined or approved by manager. Hours will range from occasionally 8:00 a.m. to occasionally 10:00 p.m. Saturdays will be rotated. This, on the other hand, does not apply to Grand Opening. The hours will range from 7:00 a.m. to 11:00 p.m. (Meeting hours: Weekly mandatory staff meeting will end no later than 10:00 p.m.)
6. The manager must be in the center 30 minutes prior to opening to confirm appointments, make sure center is ready to begin the day and the who do is made. All other staff are to report to the center 15 minutes before scheduled time to begin day (i.e., makeup on, hair done, uniform on, and clipboard ready to go.)
7. Depending upon your job titles, proper understanding is required in the center of the following: 1) phone script, 2) marketing 3/5/5, 3) telemarketing, 4) servicing/full understanding of equipment, exercise/weight loss program and class, 5) memorization of tour/presentation, 6) proper understanding of how and when to ask for buddies, 7) sales, 8) bookkeeping procedures
8. Time sheets must be kept in the proper holder in the manager’s office and initialed for pay to be issued. You must date the top of the time sheet and sign your signature at the bottom along with the manager’s signature to receive your paycheck. If time sheet is not completed and submitted on time, you will not receive paycheck until the next pay period.
9. Keep paperwork done nightly, start close out procedures (TH start at 6:30 if possible). Weekly totals must be completed and submitted to the corporate office by Saturday at 2:00 PM. If store and staff pro sheets are not submitted to corporate office on or before Saturday at 2:00 PM, that store will be disqualified from contests.
10. Figures must be called in nightly to owner. These should be read from the monthly pro sheet in your salon/center.
11. Chain of command must be followed as follows: Staff member must communicate with other staff member when discrepancy occurs. If it cannot be resolved, both parties should take it to the manager. If it cannot be resolved there, all parties should then take it to their owner. The same procedure should be followed in a case where staff member disagrees with a manager. After an attempt has been made to resolve the dispute by both parties, then both parties should bring it to the attention of their owner.
12. Any and all cancellations must be taken off the books on the day when they cancel and will be deducted from the commission of the staff who was originally paid for that sale.
13. Inventory will be done weekly. All inventory should be recorded by the manager when received in the center.
14.Center cash shortages on the cash report will be divided and deducted from all staff commission from all staff in attendance on day of shortage per owners’ discretion.
15. Bank deposits must be made nightly and picked up daily - credit charge machine must be batched nightly and slip stapled to day sheet along with bank deposit slip.
16. Employee is required to verbally report stats to manager every day at end of shift.
17. Marketing/sales reps are required to have a minimum of seven to ten appointments for next day by end of their workday.
18. Various events will be held in and out of the center and participation is expected and required. Presentations in a staff member’s area of expertise will be required.
19. You must take one-half to one-hour lunch after six hours worked. One hour maximum unless an emergency arises then a call to the center must be made. You must take a two-hour lunch when working open to close Monday through Thursday. Marketing/Sales Specialists are required to follow their daily schedule.
20. In the event of adverse weather forecasts, management will appoint a designated staff person, (if possible the manager) to open the salon/center the morning the weather is forecasted for. Common sense would tell you this should be the person living closest to the center and arrangements should be made by this individual for transportation etc... Normal schedule is to be followed unless manager contacts you. The designated person MUST be there unless otherwise notified. The center will only close due to the weather when multiple other business closings have been announced on the radio . . .even so you must be notified by management.
21. Thin & Healthy will provide ingredients and goody day dishes, which staff members on a rotating basis, will prepare.
Conduct and appearance standards:
22. Professional, adult conduct is expected. Take the initiative when you see something needs done. Do not wait to be told to correct it. Honesty is expected. Communication is a must. Treat others the way you want to be treated.
23. Any improper treatment of any member is unacceptable as in gossiping about a member to other members or staff, showing favoritism - anything that would make a member uncomfortable. If you see a member or have knowledge that a member is uncomfortable, it must be addressed immediately and personally.
24. At any time that an employee is representing ______dba Thin & Healthy or it subsidiaries and it is found that alcohol and/or drugs are being used, the company reserves the right to demand that employee immediately attend drug and/or alcohol rehabilitation or resign their position. Random drug testing may be done at company discretion.
25. If you have a tatoo(s) you must keep it covered while at work. Piercings other than in the ears are not permitted and must be removed while at work.
26. Language is to be kept professional and respectable. Profanity has no place in the club/center and could be grounds for immediate dismissal
27. Smoke breaks do not occur. If you are a smoker, smoking should be done at lunch and done where no member can see you. When at work, there should be no evidence of smoking (i.e. breath and clothes).
28. Bringing in food that smells (i.e. pizza, fast food, and other hot foods) is prohibited due to the fact that the smells induce members’ hunger.
29. Parking is restricted to the side or rear of building leaving all front spaces open for members.
30. Thin&Healthy dress code must be followed at all times, dress must be professional: no sweats, denim, khaki, low cut tops, sun dresses, short skirts/dresses (4” above knee), socks with tie up shoes, leggins/stirrup pants or open toe shoes without nylons.
Metabolism Re-Trainer must be dressed in fitness uniform on Metabolism Re-Trainer days.