Salon Confidentiality Agreement
Salon Confidentiality Agreement
This Salon Confidentiality Agreement ("Agreement") is entered into as of [Date], by and between [Your Company Name] located at [Your Company Address] ("Disclosing Party"), and [Employee/Contractor Name], residing at [Address] ("Receiving Party").
WHEREAS, the Disclosing Party is engaged in the business of providing beauty and wellness services, and in connection with this business, the Disclosing Party possesses certain confidential and proprietary information;
WHEREAS, the Receiving Party will have access to this confidential and proprietary information in the course of their relationship with the Disclosing Party;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the terms and conditions set forth in this Agreement, which describes the duties and responsibilities of both parties regarding the use and protection of confidential information.
I. Definition of Confidential Information
A. Scope of Confidential Information: Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by the Disclosing Party to the Receiving Party.
B. Exclusions: Confidential Information does not include information that: (i) is or becomes publicly known through no breach of this Agreement by the Receiving Party; (ii) is received from a third party without breach of any obligation of confidentiality; (iii) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
II. Purpose of Disclosure
The purpose of disclosing the Confidential Information is to enable the Receiving Party to evaluate potential employment, collaboration, or other business relationship specifically related to the operations of the Disclosing Party’s salon.
III. Obligations of Receiving Party
A. Confidentiality and Non-Disclosure: The Receiving Party agrees to keep the Confidential Information confidential and shall not disclose such information to any third party without the prior written consent of the Disclosing Party. This obligation shall continue for the duration of the Receiving Party’s relationship with the Disclosing Party and for three years thereafter.
B. Limited Use: The Receiving Party agrees to use the Confidential Information solely in connection with the stated purpose and not for any other purpose. The Receiving Party shall implement reasonable measures to protect the confidentiality of the Confidential Information.
C. Safeguarding Confidential Information: The Receiving Party must take all necessary steps to ensure that Confidential Information is not disclosed or distributed in violation of the terms of this Agreement. This includes securing and limiting access to the Confidential Information to authorized persons who are also bound by similar confidentiality obligations.
IV. Exclusions from Confidential Information
A. Publicly Available: Information that becomes publicly available without the Receiving Party's breach of any obligation owed to the Disclosing Party is not considered confidential.
B. Independently Obtained: Information that the Receiving Party can demonstrate was obtained independently without a breach of this Agreement or any duty towards the Disclosing Party.
C. Required Disclosure: Information that the Receiving Party is legally compelled to disclose by law, court order, or government authority, provided that the Receiving Party gives adequate notice to the Disclosing Party to allow for the opportunity to contest such disclosure.
V. Duration of Agreement
A. Effective Period: This Agreement shall commence on the date it is signed by both parties and shall continue to be effective until the confidential information no longer qualifies as confidential or until terminated by either party with 30 days written notice.
B. Post-Termination Obligations: The obligations of confidentiality under this Agreement shall survive the termination of the Agreement for a period of five years from the date of such termination.
VI. Return or Destruction of Information
A. Handling of Materials: Upon termination of this Agreement, or at the request of the Disclosing Party at any time, the Receiving Party shall return or destroy all materials containing confidential information.
B. Certification of Compliance: Upon returning or destroying the confidential information, the Receiving Party shall provide the Disclosing Party with a written certification that all materials have been returned or destroyed, as applicable, in accordance with the terms of this Agreement.
VII. Remedies for Breach
A. Injunctive Relief: In the event of a breach of this Agreement by the Receiving Party, the Disclosing Party is entitled to seek injunctive relief to prevent further breaches and to protect its interests in the confidential information. This right to injunctive relief shall be in addition to any other remedies available in law or equity.
B. Damages: The Receiving Party agrees that monetary damages for breach of this Agreement may not be adequate and that the Disclosing Party shall be further entitled to compensatory damages resulting from any breach of the obligations set forth herein.
VIII. No License
Nothing contained in this Agreement shall be construed as granting or conferring any rights by license or otherwise in any confidential information disclosed under this Agreement.
IX. Miscellaneous Provisions
A. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles.
B. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, agreements, and understandings, both written and oral, relating to this subject matter.
C. Amendment: No change, modification, or amendment to this Agreement shall be effective unless in writing and signed by duly authorized representatives of both parties.
D. Severability: If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in effect as if such invalid, illegal, or unenforceable provision had never been included.
E. Notice: Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally, (ii) by overnight courier upon written verification of receipt, (iii) by telecopy or facsimile transmission when confirmed by telecopy or facsimile transmission report, (iv) by certified or registered mail, return receipt requested, upon verification of receipt.
Signatures
The undersigned parties acknowledge that they have read and understood this Agreement and hereby agree to be bound by its terms.
Disclosing Party
[Name]
[Date]
Receiving Party
[Name]
[Date]
