MUTUAL NON-DISCLOSURE AGREEMENT
This Agreement is entered into as of ______________, the “Effective Date”, by and
between Jacklyn Smoot (AKA Lacey Blayze), hereinafter known as "Party A", and
_______________________ hereinafter known as "Party B".
WHEREAS Party A and the Party B, hereinafter known as the “Parties”, have an
interest in participating in discussions wherein either Party may share information with
the other that the disclosing Party considers to be proprietary and confidential to itself
(“Confidential Information”); and Party B has an interest in purchasing residential
cleaning services from Party A (and Party A also has an interest in providing said
residential cleaning services to Party B;
WHEREAS the Parties agree that Confidential Information of a Party may
include, but not be limited to that Party’s: (1) business plans, methods, and practices;
(2) personnel, customers, and suppliers; (3) inventions, processes, methods, products,
patent applications, and other proprietary rights; (4) specifications, drawings, sketches,
models, samples, tools, computer programs, technical information, or other related
information; (5) any and all items found inside or outside the residence of Party B,
whether deemed confidential or not; (6) any information that is shared with either Party
that is not already public knowledge; (7) any descriptive information about Party A’s
physical body, in ANY form (words, code words, drawings, photographs, videos, audio
recordings, or any other means of transferring such information.
NOW, THEREFORE, the Parties agree as follows:
1. Either Party may disclose Confidential Information to the other Party in
confidence without having to state or disclose beforehand that the information is
confidential. In addition, any items that are found in the residence or any knowledge of
items that exist in the residence are automatically protected as being confidential
without having to state that the items are not to be talked about or described before the
item is found. And (but not limited to), THERE WILL BE NO RECORDING OF ANY
KIND ALLOWED DURING THE ENTIRE LENGTH OF STAY (THE DURATION OF
TIME THAT PARTY A IS PROVIDING RESIDENTIAL CLEANING SERVICES TO
PARTY B) WITHIN THE RESIDENCE AS WELL AS OUTSIDE THE RESIDENCE. This
includes (but is not limited to) photos, videos, audio, drawings, etc.
2. Party A and Party B agree that this contract is valid for 100 years from the date of
disclosure, and will honor the terms set forth within this agreement and refrain from
disclosing such Confidential Information to any third party without prior, written approval
from the disclosing Party and shall protect such Confidential Information from
inadvertent disclosure to a third party using the same care and diligence that the
Recipient uses to protect its own proprietary and confidential information, but in no case
less than reasonable care. The Recipient shall ensure that no one has access to
Confidential Information disclosed under this Agreement in any possible way. By signing
this agreement, Party A and Party B agree that they have been legally informed of its
proprietary and confidential nature and are required to abide by the terms of this
Agreement.
3. All Confidential Information disclosed under this Agreement shall be and remain
the property of the disclosing Party and nothing contained in this Agreement shall be
construed as granting or conferring any rights to such Confidential Information on the
other Party. The Recipient shall honor any request from the disclosing Party to promptly
return or destroy all copies of Confidential Information disclosed under this Agreement
and all notes related to such Confidential Information. The Parties agree that the
disclosing Party will suffer irreparable injury if its Confidential Information is made
public, released to a third party, or otherwise disclosed in breach of this Agreement and
that the disclosing Party shall be entitled to obtain injunctive relief against a threatened
breach or continuation of any such breach and, in the event of such breach, an award of
actual and exemplary damages from any court of competent jurisdiction.
4. The terms of this Agreement shall not be construed to limit either Party’s right to
develop independently or acquire products without use of the other Party’s Confidential
Information. The disclosing party acknowledges that the Recipient may currently or in
the future be developing information internally, or receiving information from other
parties, that is similar to the Confidential Information. Nothing in this Agreement will
prohibit the Recipient from developing or having developed for it products, concepts,
systems or techniques that are similar to or compete with the products, concepts,
systems or techniques contemplated by or embodied in the Confidential Information
provided that the Recipient does not violate any of its obligations under this Agreement
in connection with such development.
5. Notwithstanding the above, the Parties agree that information shall not be
deemed Confidential Information and the Recipient shall have no obligation to hold in
confidence such information, where such information:
(a) Is already known to the Recipient, having been disclosed to the Recipient by
a third party without such third party having an obligation of confidentiality to
the disclosing Party; or
(b) Is or becomes publicly known through no wrongful act of the Recipient, its
employees, officers, directors, or agents; or
(c) Is independently developed by the Recipient without reference to any
Confidential Information disclosed hereunder; or
(d) Is approved for release (and only to the extent so approved) by the
disclosing Party; or
(e) Is disclosed pursuant to the lawful requirement of a court or governmental
agency or where required by operation of law.
6. Nothing in this Agreement shall be construed to constitute an agency,
partnership, joint venture, or other similar relationship between the Parties.
7. Neither Party will, without prior approval of the other Party, make any public
announcement of or otherwise disclose the existence or the terms of this Agreement.
8. This Agreement contains the entire agreement between the Parties and in no
way, creates an obligation for either Party to disclose information to the other Party or to
enter into any other agreement.
9. This Agreement shall remain in effect for a period of 100 years from the Effective
Date unless otherwise terminated by Party A giving notice to the other of its desire to
terminate this Agreement. The requirement to protect Confidential Information disclosed
under this Agreement shall survive termination of this Agreement.
Party A’s Signature __________________________ Date _________________
Print Name __________________________
Party B’s Signature __________________________ Date _________________
Print Name __________________________