Restaurant Employee Non-Disclosure Agreement
Restaurant Employee Non-Disclosure Agreement
This Employee Non-Disclosure Agreement ("Agreement") is entered into as of [Month Day, Year] (the "Effective Date") by and between [Your Company Name], a company organized and existing under the laws of the state of [Your State], with its principal office located at [Your Company Address] ("Company"), and [Employee Name], an individual residing at [Employee Address] ("Employee").
1. Purpose
The purpose of this Agreement is to protect the confidential and proprietary information of the Company that the Employee may have access to during their employment.
2. Confidential Information
For purposes of this Agreement, "Confidential Information" means any data or information, oral or written, that is proprietary to the Company and not generally known to the public, including but not limited to:
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Trade secrets
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Business plans and strategies
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Marketing plans and strategies
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Customer lists and records
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Vendor lists and records
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Recipes and food preparation methods
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Financial information
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Pricing policies
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Personnel information
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Any other proprietary information or data that, if disclosed, could cause harm to the Company
3. Non-Disclosure Obligations
The Employee agrees to the following:
a. Non-Disclosure: The Employee shall not disclose, communicate, or disseminate Confidential Information to any third party, except as necessary for the performance of their duties and with the prior written consent of the Company.
b. Use of Information: The Employee shall use the Confidential Information solely for the purpose of performing their job responsibilities and not for any personal gain or any other purpose.
c. Protection of Information: The Employee shall take all necessary precautions to protect the confidentiality of the Confidential Information, including but not limited to:
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Using secure methods to store and transmit Confidential Information
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Limiting access to Confidential Information to only those employees who need to know it for the performance of their job duties
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Immediately notifying the Company of any unauthorized disclosure or use of Confidential Information
4. Exceptions to Confidential Information
The Employee's obligations under this Agreement do not extend to information that is:
a. Public Domain: Publicly known or becomes publicly known through no wrongful act of the Employee.
b. Third-Party Source: Rightfully received from a third party without breach of this Agreement.
c. Independently Developed: Independently developed by the Employee without use of the Company's Confidential Information.
d. Required Disclosure: Required to be disclosed by law or by a governmental authority, provided that the Employee gives the Company prompt written notice of such requirement prior to disclosure and assists in obtaining an order protecting the information from public disclosure.
5. Return of Materials
Upon termination of the Employee's employment with the Company, or at any time upon the Company's request, the Employee shall immediately return to the Company all Confidential Information and any other materials, documents, or property of the Company in the Employee's possession or control.
6. Term
This Agreement shall commence on the Effective Date and shall continue in effect until terminated by mutual written agreement of the parties, or until the Confidential Information ceases to be confidential through no fault of the Employee.
7. No Right to Employment
Nothing in this Agreement shall confer any right to employment or employment benefits, or affect the Employee’s status as an at-will employee.
8. Injunctive Relief
The Employee acknowledges that any breach of this Agreement may cause irreparable harm to the Company, and agrees that the Company shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of [Your State], without regard to its conflicts of law principles.
10. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior discussions, agreements, and understandings of every kind and nature between them.
11. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.
12. Amendments
No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.
13. Waiver
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be construed as a further or continuing waiver of any such term, provision, or condition, or of any other term, provision, or condition of this Agreement.
14. Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Employee Non-Disclosure Agreement as of the day and year first above written.
[Your Company Name]
By:
[Your Name]
[Title]
[Month Day, Year]
Employee
By:
[Full Name]
Employee
[Month Day, Year]
