Loading...

STUDENT CONFIDENTIAL NON-DISCLOSURE, NON-SOLICITATION, AND ANTI-DISPARAGEMENT AGREEMENT


THIS AGREEMENT MADE by and between Shield the Flock LLC (hereinafter “STF”). STF and Student Listed on this form (hereinafter “ student”) (collectively “the parties”) enter into this agreement such that the student may receive STF’s personnel’s and its company instructors instruction, training, instruction, teaching, classes, methods, direction(s), experience, oversight, techniques, company information, a company practices, a company processes, a company formulations, instruction on any company device, company data compilation, company pricing, and other Company proprietary information and trade secrets (hereinafter proprietary information) learned by the student in the scope and course of their having been given classes or instruction as a student of STF. The purpose of the agreement is to protect the confidentiality of STF’s proprietary information including its methods, prices, data compilations, instructors and employees in the broadest sense of the meaning of Trade Secrets under the uniform Trade Secrets Act. For good and valuable consideration including the mutual covenants contained herein, the student and STF agree as follows:

       

        Proprietary Information, Trade Secrets and Intellectual property: For purposes of this agreement the terms trade secrets, intellectual property and proprietary information shall be interchangeable.STF’s confidential information, trade secrets and intellectual property shall include but not be limited to STF’s personnel’s and its company instructors instruction, training, instruction, teaching, classes, methods, direction(s), experience, oversight, techniques, company information, a company practices, a company processes, a company formulations, instruction on any company device, company data compilation, company pricing, and any and all other information that is kept confidential from all except those with a need to know within STF. Trade Secrets and Intellectual property shall in short be referred to herein as “intellectual property”.

         Limited use of Intellectual property: The STF Trade secrets and Intellectual property as defined herein shall be used by the Student for the sole purpose of the STF providing services to the student’s, and for no other purposes whatsoever. STF’s intellectual property shall be kept confidential by the student and only duplicated, copied or disseminated with the express permission of STF. The Student agrees that the Student shall use the intellectual property for the sole purpose of the being instructed by STF and for no other purposes whatsoever.

   Prohibition against duplication of Intellectual Property: The student agrees that the intellectual property is proprietary and in confidential and a Trade Secrets to STF and it is the intellectual property of STF and has been developed by STF  over a period of time, through the expense of time and effort, money, experience, and other resources, and refined by STF over time. Therefore, the parties agree that the intellectual property derives independent economic value to STF and is advantageous to STF in the marketplace. The Student shall never attempt to copy or duplicate or disseminate the information provided to the student without the express permission of STF whether that information is in electronic, hardcopy or any other form or format whatsoever. Any copying or duplication shall constitute a material violation of this agreement by the student. 

Prohibition against solicitation of instructors, employees, clients and customers: Student agrees that they will also be provided with personal and contact information of STF employees, other instructors, employees and customers of STF as well as potential customers of STF. Student agrees that it will never, during the time they are a student for STF, and for a period of three years after their termination as a student for STF, regardless of the reason for the termination, and whether the termination is by STF or by the voluntary termination of the student, never solicit, the employees, clients or customers of STF for the purpose of those employees, other instructors or clients or customers to be the employee or client of the student, or an entity owned or in partnership with the student, that is in the same or substantially the same business as STF. Therefore, in the event the student breaches this agreement STF shall be entitled to an injunction without notice to student and without the posting of bond.

Dispute Resolution, Waiver of jury Trial &Venue: Any and all disputes arising out of or relating to this agreement shall be resolved through alternate dispute resolution. The parties hereto waive jury trial, court proceedings in any court, and agree to resolve any disputes arising out of or relating to this agreement exclusively in this dispute resolution procedure. The parties agree the first step in dispute resolution is by direct negotiation. If the parties are unable to resolve the dispute by direct negotiation, then the next step the parties agree to is one mediation session with a Florida supreme court certified mediator. If the mediation does not resolve the dispute, then the final step is to submit the matter to private binding arbitration with one arbitrator presiding. The parties shall equally share the cost of dispute resolution. The parties agree that the arbitrator shall have all powers granted to an arbitrator under FS Chapter 682 and the federal arbitration Act in 9 USC sections 1-16. The parties do hereby delegate to the arbitrator determination of arbitrability. The parties waive all other court proceedings except for confirmation of the arbitrators’ award under FS 682.12 and to compel arbitration under FS 682.015. All dispute resolution shall take place in Martin County Florida exclusively. The Parties waive venue in any other state or county other than Martin County Florida.

Prohibition against disparagement: Student agrees they shall not directly or indirectly, nor through any other person, express, transmit, speak, write, verbalize, or otherwise communicate any statement of any kind, whether that statement is verbal, in writing, or electronically transferred or written online, that may be derogatory to, or critical of, tend to disparage, speak ill of, malign, harm, disparage, defame, or call into question the reputation, character, honesty, integrity, morality, business acumen, or the business , products, or services, of STF, or its agents, instructors, representatives, members, officers, directors, shareholders, managers, affiliates, or subsidiaries.

     Prevailing parties: In the event of any violation of this agreement, either party may institute appropriate legal action for damages, and equitable relief and the prevailing party shall be entitled to their reasonable attorney’s fees and costs through the highest appellate level.

     Severability: In the event a Court finds any part of this agreement to be unenforceable, then the remaining portions of the agreement shall remain in full force and effect.

     Entire Agreement: This constitutes the entire agreement between the parties. Student cannot rely upon any oral expressions made before this agreement was executed, and all oral agreements are integrated into this agreement upon execution.

     Intending to be bound the student and STF and the student haveexecuted this Agreement on the date listed on this form.

 

 

First Student/Participant Name
First Name*
Middle Name
Last Name*
Phone*
First Student/Participant Date of Birth*
Date of Birth
First Student/Participant Signature*
Second Student/Participant Name
First Name*
Middle Name
Last Name*
Student/Participant Date of Birth*
Date of Birth
Third Student/Participant Name
First Name*
Middle Name
Last Name*
Student/Participant Date of Birth*
Date of Birth
Fourth Student/Participant Name
First Name*
Middle Name
Last Name*
Student/Participant Date of Birth*
Date of Birth
Fifth Student/Participant Name
First Name*
Middle Name
Last Name*
Student/Participant Date of Birth*
Date of Birth
Sixth Student/Participant Name
First Name*
Middle Name
Last Name*
Student/Participant Date of Birth*
Date of Birth
Seventh Student/Participant Name
First Name*
Middle Name
Last Name*
Student/Participant Date of Birth*
Date of Birth
Eighth Student/Participant Name
First Name*
Middle Name
Last Name*
Student/Participant Date of Birth*
Date of Birth
Ninth Student/Participant Name
First Name*
Middle Name
Last Name*
Student/Participant Date of Birth*
Date of Birth
Tenth Student/Participant Name
First Name*
Middle Name
Last Name*
Student/Participant Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Emergency Contact's Relation to Participant
Parent or Guardian's Driver's License / ID Card
Driver's License / ID Card Number*
Issuing State*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!