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INSTRUCTOR NON-COMPETE AND NON-DISCLOSURE AGREEMENT
THIS NON-COMPETE AND NON-DISCLOSURE AGREEMENT ("Agreement") is
entered into this the ______ day of _______________, _______, by and between METABOLIC
EFFECT, INC., a Delaware Corporation (“ME™”) and ,
hereafter referred to as “Instructor.”
ME™ and Instructor agree as follows:
1. Training. Instructor agrees to attend and participate in the training conducted by ME™ in the
Metabolic Effect™ Workout.
2. Applicant Requirements. ME™ Instructor applicants must meet the following prerequisites
to attempt certification:
2.1. A personal training or group instructor training from one of the following: AFAA,
NASM, ACSM, NSCA, ACE; or other nationally recognized agency approved by
2.2. Hold a degree in an exercise related field; or
2.3. Hold a degree in unrelated field, in addition to having at least 3 years experience in a
non-high school related athletic endeavor (i.e. college level or professional athletics,
bodybuilding/figure/fitness competitor); AND
2.4. Maintain a current CPR and First Aid Certification.
3. Confidential Information. While involved with ME™ or attending ME™ Training courses,
Instructor will be exposed to certain valuable information that ME™ deems confidential
(hereafter the “Information”). This Information includes, but is not limited to, the ME™
exercise method, techniques, program, processes, unpublished materials, products, and all
other information included in the scope of the confidential Information as described below,
all of which are collectively referred to for convenience as the “ME™ Workout.” ME™, Inc.
wishes to disclose the Information only if it can do so without risk that the Information’s
value will be diminished. Instructor understands that ME™, has invested substantial effort
into developing this Information and the ME™ Workout, and that Instructor’s unauthorized
disclosure of the Information would irreparably damage ME™. The Information cannot be
adapted, renamed, or reengineered in any manner to create, teach, or offer a similar program,
routine, or workout.
4. Scope. The scope of the confidential Information includes the ME™ fitness method,
instructor program, and mobile fitness solutions including, but not limited to, the following:
4.1. The Information includes the teaching techniques, instructional and other materials, and
concepts in the presentation package, workbooks, and demonstrations that Metabolic
Effect™ will make available to the Instructor only upon him or her signing this
4.2. The Information includes designs, text, movement techniques, workout routines,
combinations, and the concept of the ME™ Workout in general including: (1) the “Rest
Based Workout,” (2) the “Hybrid Based Workout” using the “Metabolic Effect
Exercises,” and (3) the “ 30 minute Intermixed Cardio and Weight Workout,” which
themselves are among ME™’s trade secrets.