Non-Disclosure Agreement
This agreement affects your rights. It is a legally binding agreement.
Read carefully before signing.
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This Non-Disclosure Agreement ("Agreement") is entered into between _________________________ ("Promisor", "pet", "slave", or "me") and Mistress ("Mistress" or "You") (collectively the "Parties" or "We", "Us", "Our")
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In consideration for the opportunity to spend time and associate with Mistress, for Your agreement to forego the right to resolve disputes between Us before a jury or Your peers in a public court proceeding, and in consideration of Our mutual agreement to resolve any disputes between Us by confidential Arbitration, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, We agree as follows:
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1. Confidentiality Obligations,
1.1 Definition of confidential information. "Confidential Information" means all of the following, whether intangible or embodied or depicted in tangible form, including without limitation, any verbal conversation, documents, emails, instant messages, text messages, contracts, correspondence, faxes, tapes, CD-Roms, USB flash drives, SIM cards, photographs, negatives, moving or still images, audio or video recordings, magnetic or electronic data, digital recordings, and any other format of embodying information or data:
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1.1.1 Private and confidential information which is not generally known to the public or readily ascertainable by proper means by others and is subject to reasonable efforts to maintain its secrecy pertaining to: Mistress, her children, her family members, friends, and business associates, and their affiliated entities, and all of their officers, agents, employees, executives, and representatives (all collectively "Related Parties"); and
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1.1.2 The existence and substance of any verbal or written communications, interactions, meetings, encounters, contacts, financial transactions, and relationships between or among slave and Mistress and/or any of the Related Parties, including descriptions of their content, substance or meaning, the fact that they occurred, and the identities of the participants, whether truthful or fictionalized;
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1.1.3 Mistress' or any Related Parties' business matters, proprietary business information, financial matters, legal matters, contractual matters, personal matters, private residence locations, unlisted telephone numbers, private email addresses, security alarm codes, calendars, household activities and guests, health and medical information, fitness, sexual matters, leisure activities, lifestyle, proclivities, customs, and private conduct; and
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1.1.4 The Agreement, it's negotiation, and its terms.
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1.2 Agreement Not to Disclose "Confidential Information. slave will not directly or indirectly disclose "Confidential Information" to any person or entity whatsoever, including but not limited to friends, family members, journalists, media organizations, newspapers, magazines, tabloids, television programs, radio programs, blogs, internet, social networks (e.g., Facebook, Twitter, Instagram, etc.), internet service providers, publishers, and databases (collectively "Third Parties"). slaves agreement not to disclose Confidential Information applies to all Confidential Information, whether it is truthful, fictionalized, on the record or off the record.
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1.3 No Participation in Books or Articles. Without Mistress advance express written consent, slave will not give or participate in any interviews, write, or be a source for, any articles, books, programs, or stories about Mistress or the Related Parties, whether truthful, fictionalized, on the record or off the record. If slave breaches these promises, slaves copyright in any such unauthorized material shall be automatically and immediately transferred by slave to Mistress as of its creation and in perpetuity, and this Agreement shall constitute a valid transfer of any copyright.
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1.4 Images and Recordings. Without Mistress advance express written consent, slave will not create any photographs, movies, videos, sound or image recordings, or otherwise capture any depictions or likenesses of Mistress, Mistress family, friends, associates or employees ("Images and Recordings"). If slave breaches these promises, any images and recordings slave creates shall be considered Confidential Information, and slaves copyright in them shall be deemed automatically and immediately transferred by slave to Mistress as of its creation in perpetuity, and this Agreement shall constitute a valid transfer of copyright. If Mistress expressly directs slave to create any images and recordings, they will be Confidential Information in which Slave has no legal rights or interest whatsoever, including any copyright, trademark, "moral rights", patent, or other similar rights, and slave conveys, transfer and assign to Mistress all of slaves rights, title and interest (if any) of whatever kind or nature in all images and recordings as of their creation and in perpetuity, and this Agreement shall constitute a valid transfer of copyright.
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1.5 No Use of Name or Likeness. slave shall not, directly or indirectly, verbally or otherwise, use, refer to, or exploit in any manner, Mistress name and/or likeness and/or identity (collectively "Name and Likeness") to promote, advertise, or market any services or products of any kind or nature without Mistress advance express written consent.
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2. Permitted Disclosures, Responding to Subpoenas, Etc. slave may disclose Confidential Information in confidence to slaves attorneys as required for the rendition of their professional services, or as is otherwise required by law. If slave is compelled to disclose Confidential Information pursuant to valid legal process (e.g., a subpoena), slave shall first provide Mistress with reasonable advance written notice before making any such disclosure. slave will not volunteer to disclose Confidential Information. Confidential Information shall continue to be subject to this Agreement even if it is wrongfully disclosed by slave or by Third Parties.
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3. Remedies for slaves Breach. If slave breaches this Agreement or threatens/ed to do so (e.g., conduct by slave reflecting an intention to breach the Agreement), slave will be liable to Mistress for all resulting damages, including by not limited to all of the following, all of which shall be cumulative, to be sought pursuant to this Agreement's Arbitration procedures.
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3.1 Liquidated Damages. slaves actual or threatened breach shall cause Mistress substantial damages and injury, the precise amount of which would be extremely difficult or impracticable to determine even after we have made a reasonable attempt to do so. slave therefore agrees that, in addition to Mistress other remedies, slave will be obligated to pay the sum of Ten Thousand Dollars ($10,000) as a reasonable and fair amount of liquidated damages to compensate Mistress for loss or damage resulting from each actual or threatened breach. We agree that this sum bears a reasonable and proximate relationship to the actual damages Mistress will suffer from each actual or threatened breach, and that it is not a penalty. Mistress will have the right to seek actual damages instead of liquidated damages; and
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3.2 Disgorgement of Monies. slaves actual or threatened breach will obligate slave to account to and turn over to Mistress all monies, consideration or other benefits I derive from my breach, without prejudice to Mistress other legal or equitable rights or remedies; and
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3.3 Injunctive Relief. slaves actual or threatened breach of this Agreement will cause Mistress irreparable injury which cannot be adequately compensated by money damages. Therefore, Mistress shall be entitled to obtain temporary, preliminary and permanent injunctive relief to prevent slaves breach or further breach ("Injunctive Relief"). the balance of potential harm to slave arising from Injunctive Relief is substantially outweighed by the substantial harm to Mistress resulting from unauthorized dissemination or exploitation of Confidential Information. slave agrees that despite the Arbitration provisions below, Mistress is entitled to seek Injunctive Relief to prevent my breach of this Agreement and to secure its enforcement, and that Mistress seeking equitable relief shall be deemed incompatible with or waiver of Our agreement to arbitrate disputes.
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4. Arbitration of Disputes. We recognize the mutual benefits of voluntary alternative dispute resolution by binding confidential Arbitration and therefore agree that the exclusive manner of resolving any and all disputes, claims or controversies between Us of any kind or nature whatsoever shall be my mandatory BINDING Confidential Arbitration. We have the right to conduct discovery in accordance with California Code of Civil Procedure 1283.05 et seq., and written discovery requests and discovery results shall be deemed Confidential Information. Whether a dispute is arbitrable and issues regarding impose any and all legal and equitable remedies that would be available to any Party before any governmental dispute resolution forum or court of competent jurisdiction. If a request for immediate provisional relief is filed and no Arbitrator has been appointed, Mistress will have one appointed immediately. The Arbitrator so appointed shall be determined not to have any material disclosure as to any Party or counsel, and We waive the rights to formal disclosure and to disqualify the Arbitrator so appointed otherwise permitted by California law. We understand that these waivers are intended to effectuate Our agreed process of immediate determination of a request for provisional relief. Arbitration shall not apply to any claims necessarily excluded by law. The Arbitrator shall issue a written opinion containing his/her factual and legal reasoning. The prevailing Party files a petition to confirm the Arbitrator's Award and/or if any Party seeks to vacate an Award, any documents containing Confidential Information files with any court shall be filed under seal to the greatest extent permitted by law in order to maintain confidentiality of Confidential Information. BY AGREEING TO ARBITRATION, WE ARE GIVING UP ANY RIGHTS WE MAY HAVE TO A TRIAL BY JUDGE OR JURY WITH REGARD TO THE MATTERS WHICH ARE REQUIRED TO BE SUBMITTED TO MANDATORY BINDING ARBITRATION. WE UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE IS NO RIGHT TO AN APPEAL OR A REVIEW OF A ARBITRATOR'S AWARD A THERE WOULD BE OF A JUDGE OR JURY'S DECISION.
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5. Miscellaneous. i acknowledge and agree that Mistress has not made any promises or inducements to persuade slave to execute this Agreement other that the express terms it contains. This Agreement constitutes Our entire agreement pertaining to its subject matter, and there are no terms other than those it contains. No supplement, modification, waiver or termination of this Agreement shall be deemed valid unless executed by Us in writing after the date hereof. This Agreement inures to the benefit of and is binding upon Us and Our respective heirs, representatives, executors, administrators, successors, trustees in bankruptcy, and assigns. If any provisions is invalid or unenforceable the remainder will continue to be valid and performed, construed and enforced to the fullest extent permitted by law. In accordance with Our intent as determined from the face of this Agreement. No breach can be waived unless in writing. Waiver of any one breach shall not be a waiver of any other breach. This Agreement shall be governed by, interpreted and enforced in accordance with California law. If any proceeding is brought to enforce or interpret this Agreement or the rights or obligations of any Party, including reliance on this Agreement as an affirmative defense, the prevailing Party shall be entitled to recover as an element of such Party's cost s of suit and not as damages all reasonable attorney's fees, costs and expenses incurred, but only to the extent permissible by law. i acknowledge that i have received a copy of this Agreement and am entering into it freely and voluntarily, and have either consulted with legal counsel before signing it or had the opportunity to do so but decided not to. This Agreement may be executed with one or more separate counterparts each of which when so executed shall together constitute and be one and the same instrument. A fax, electronic and/or scanned PDF signature or other copy of a signed counterpart shall be deemed an original and have the same force and effect as a signed original.
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UNDERSTOOD, ACCEPTED AND AGREED.
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~slaves legal name is required below
slaves will also sign a hard copy upon our first meeting at my home or dungeon
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