SECURE CONFIDENTIALITY AGREEMENT
Thank you for registering for an SMC Live Event. The confidentiality of our clients, meeting venues, and our staff is important and revealing the meeting venue locations and details or the identity of our clients/staff will be punishable by a $75,000 fine. In addition, I agree that I do not work as an undercover journalist nor am I covering a media story about Self Mastery Co without the permission and knowledge of Self Mastery Co staff received in writing, or else I am subject to a $75,000 fine and I agree that I may have my wages garnished if I cannot pay the fine. In addition, I agree to forgo litigation to binding arbitration, and that all live program and course fees are forfeited to Self Mastery Co if I break my agreement. By submitting my identity and contact information and photo identification card(s) via the secure form below, I acknowledge acceptance of these terms and agree to keep the meeting venue(s) and location(s) of all SMC live events a secret.
This CONFIDENTIALTY AGREEMENT (the “Agreement”) is effective as of the date of submission of my identification by and between Self Mastery Co, Inc., a corporation organized under the laws of the State of Nevada, hereinafter “SMC”, and myself, hereinafter “Attendee”.
As a condition for Attendee attending the SMC Course entitled Self Mastery Co Live Program. Attendee agrees to enter into this Confidentiality Agreement and to strictly comply with its terms and conditions set forth herein.
1. CONFIDENTIAL INFORMATION
Attendee acknowledges and agrees that in the course of attending the SMC Course, he or she will learn obtain acquire information relating to date, time, location of the SMC Course, the instructors of the SMC Course, SMC staff, the nature of the SMC Course, collectively referred to herein as the “Confidential Information”. Attendee further acknowledges and agrees that the Confidential Information provided prior to, and during the SMC Course sessions is private and confidential.
2. AGREEMENT NOT TO DISCLOSE
Attendee expressly agrees that he or she shall not directly or indirectly, verbally or otherwise, either during, or after attending the SMC Course publish, disseminate, disclose, or cause to be published, disseminated or disclosed, (herein “disclosure”) any Confidential Information to any person, firm or entity whatsoever, including, but not limited to, newspapers, periodicals, magazines, publications, television stations, radio stations, publishers, and any other enterprise involved in the print or electronic media, including individuals working directly or indirectly for, or on behalf of, any of said entities (herein “Third Parties”).
3. DISCLOSURE IS WRONGFUL
Attendee acknowledges that the Confidential Information relating to the organization of, and instruction provided at the SMC Course has been developed through substantial effort and expense. Attendee further acknowledges that SMC has been dedicated to limit the constant efforts of the press, other media, and the public to learn of SMC’s business affairs, the SMC Course, and SMC’s Confidential Information. Attendee understands that part of his or her responsibilities in connection with attending the SMC Course is the protection of the Confidential Information. Attendee further acknowledges that any disclosure by Attendee to any Third Party, individual, or any legal entity of any Confidential Information shall constitute a breach of the terms of the Confidentiality Agreement, and shall constitute a breach of trust and confidence, an invasion of privacy, and a misappropriation of SMC’s exclusive property rights and may constitute fraud and deceit.
4. PROPERTY RIGHTS
Attendee shall be required at the end of the SMC Course to return to SMC all course materials in Attendee’s possession or control.
5. DISGORGEMENT OF MONIES
A breach of this Agreement, by Attendee by disclosure of any Confidential Information to any Third Party, any individual, or other legal entity shall render Attendee liable to SMC for any and all damages and injuries incurred by SMC as a result thereof, and shall obligate Attendee to account to SMC and turn over to SMC, any and all monies, profits, or other consideration, or benefits, which Attendee derives from any disclosure or exploitation of any of the Confidential Information obtained by Attendee in the course of registering for, or attending SMC Course, without prejudice to any other rights or remedies, legal or equitable, that SMC may have as a result of a violation of the terms hereof.
6. LICENSE AND COPYRIGHT
Attendee grants SMC to the extent necessary to facilitate Attendee’s participation and attendance SMC Course, a non-exclusive, worldwide right and license to use Attendee’s name, likeness, and copyrightable content.
7. PHOTOGRAPHY & VIDEOS
SMC may record events or take photos and videos at the SMC Course which may be edited and used by SMC in SMC’s course materials or other marketing materials in the ordinary course of its business.
I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration.
I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area.
Photographic, audio or video recordings may be used for the following purposes:
- conference presentations
- educational presentations or courses
- informational presentations
- on-line educational courses
- educational videos
By agreement to this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting.
I will be consulted about the use of the photographs or video recording for any purpose other than those listed above.
There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
This release applies to photographic, audio or video recordings collected as part of the sessions listed on this document only.
I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for educational purposes.
8. LIQUIDATED DAMAGES
Attendee agrees that any breach or violation by Attendee of any of the terms or provisions of this Agreement, by disclosure to any Third Parties, individuals, or other legal entities of Confidential Information shall result in substantial damages and injury to SMC, the precise amount of which would be extremely difficult or impracticable to determine, even after the parties have made a reasonable endeavor to estimate fair compensation for such potential losses and damages to SMC. Therefore, Attendee further agrees that, in addition to SMC being entitled to recover from Attendee the full amount of any and all money or other consideration paid to SMC in connection with the disclosure by Attendee of any Confidential Information, in violation of the terms hereof, Attendee will also be obligated to pay, and agrees to pay to SMC, the sum of Seventy-Five Thousand Dollars ($75,000) as a reasonable and fair amount of liquidated damages to compensate Client for any loss or damage resulting from each breach by Attendee of the terms hereof. The parties hereto further agree that such sum bears a reasonable and proximate relationship to the actual damages which SMC will suffer from each breach of the terms of this Agreement.
9. INJUNCTIVE RELIEF
Attendee acknowledges and agrees that any disclosure by Attendee to third parties of any Confidential Information will cause irreparable harm to SMC which damages and injuries will not be measurable or susceptible to calculation. Attendee further acknowledges and agrees that any breach or threatened breach of the Agreement due to the unauthorized disclosure or threatened disclosure by Attendee shall entitle Client to obtain an ex parte restraining order, preliminary injunction and permanent injunction (herein “Injunctive Relief’) preventing the disclosure, or any further disclosure, of Confidential Information protected by the terms hereof.
10. RESOLUTION OF DISPUTE
a) In the event a dispute arises concerning any of the provisions of this Agreement, it shall be submitted to arbitration before JAMS or ADR Services in Los Angeles County for binding arbitration by one or more arbitrators to be appointed in accordance with such Rules, by which each Party concerned is bound. The arbitrator(s) shall render a written opinion, including the factual and legal bases for the decision and any award. Judgment upon any award rendered may be entered and enforced by any court having jurisdiction for a judicial acceptance of the award. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE ARISING OUT OF THIS AGREEMENT.
b) Prevention of Disclosure. Since a public hearing to enforce any of the provisions contained in this Agreement might cause disclosure of Confidential Information contrary to the intent of the parties, the parties hereby stipulate that, in the event there is litigation or an arbitration relating to any of the provisions in the Agreement, the Court or arbitration file shall be sealed and the Court may issue a protecting order prohibiting the disclosure of any of the Confidential Information, and limiting the disclosure of any other information obtained through discovery or other proceedings.
11. DISCLOSURE OF THIS AGREEMENT
Attendee agrees to keep this Agreement and its terms and provisions strictly confidential and not to disclose the same to any Third Party, individual, or other legal entity.
12. ATTORNEYS' FEES
In the event of any breach, or threatened breach, by Attendee of any of the terms of this Agreement, the prevailing party is entitled to recover his or her reasonable attorneys’ fees and costs incurred in connection with any action or proceeding arising out of, or relating to, any such breach or threatened breach.
Attendee agrees agree to indemnify and hold SMC harmless against any loss, liability, damage, cost or expense (including reasonable legal fees) arising out of any claims or suits made against SMC by reason of Attendee’s performance or non-performance under this Agreement.
14. APPLICABLE LAW
This Agreement, and any dispute or controversy relating to the existence, validity, meaning, interpretation, or alleged breach of this Agreement, shall in all respects be interpreted, enforced and governed by the laws of the State of California.
If any term or provision of this Confidentiality Agreement is inconsistent with any law, statute or regulation, or is invalid or unenforceable for any reason, such a term or provision shall be deemed curtailed and limited to the extent necessary to achieve consistency, validity, or enforceability, as the case may be, but such term or provision shall only be so curtailed and limited to the extent necessary to achieve the same, and the balance of this Confidentiality Agreement shall remain in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and there are no terms other than those contained herein. No supplement, modification or termination of this Agreement shall be deemed valid unless executed in writing after the date hereof by the parties hereto.
17. VOLUNTARY AGREEMENT
Attendee has entered into this Agreement freely and voluntarily, and has the full right and power to do so, and Attendee acknowledges that he or she either consulted with independent counsel before entering into this Agreement, or had the opportunity to do so, but elected not to.
This Agreement is executed as of the date of submission of ID card to Self Mastery Co, Inc.