This Non-Disclosure Agreement is created on the date time stamped to submission of online agreement by and between Warriors on the Water USA, Inc. (“Warriors”) and , (“Guest”), whose Name - address and telephone number are listed above.
Warriors and Charter Captain are hereby known as the “Parties”. In participating in the upcoming Warriors on the Water Fishing Trip (“Event”) it is understood that the Parties may share or obtain certain proprietary information and knowledge, including but not limited to company lists, records, locations, gps coordinates, financial information, or other proprietary information. Therefore, in consideration of the promises and covenants contained in this Agreement, including the Guest’s ability to participate in the Event, the receipt and sufficiency of which is hereby acknowledged, the parties here to agree to the following terms: Definition of Confidentiality. In this Agreement confidentiality "Confidential Information" or “Information” refers to any information which has commercial value, or non-commercial value but is unique to the Parties and is either (i) technical information, including, financial information, client lists, locations, coordinates, trade secret, and other proprietary information, techniques, sketches, drawings, models, maps, charts, processes, books, electronically stored information, software programs, software source documents, or (ii) information relating to the Parties products, including without limitation pricing, margins, merchandising plans and strategies, finances, financial and accounting data and information, suppliers, customers, customer lists, client lists, purchasing data, sales and marketing plans, future business plans and any other information which is proprietary and confidential to each of the Parties. Exclusions. The Parties obligations under this Agreement do not extend to information that is: (i) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of Guest; (ii) discovered or created by the Guest before disclosure by any Party; (iii)
learned by Guest through legitimate means other than from Warriors.; or (iv) is disclosed by the Party
with the other Party's prior written approval. Obligations. The Parties shall hold and maintain any learned Confidential Information or Information in strictest confidence for the sole and exclusive benefit of the party disclosing the information or for which maintained and had access to the Confidential Information prior to or during the Event. The Parties shall carefully restrict access to Confidential Information to third parties. The Parties shall not, without prior written approval of the Party disclosing or maintaining Confidential Information, use for the Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to
the detriment of the Party disclosing or having maintained any Confidential Information. The Parties shall
return any and all devices, records, notes, and other written, printed, electronic or tangible materials or
information in their possession pertaining to Confidential Information immediately if either Party requests
it in writing or it is discovered or known by any Party, including Guest, that such Information was
obtained during the Event.
It is further acknowledged and agreed that Guest shall not utilize or possess any device or electronic
device, including, but not limited to any watch, phone, tablet, radio, gps, or other similar type device
which is capable of recording, tracking, or otherwise disclosing the location of the Parties while
participating in the Event (“Device”), without disclosing same to Warriors and Captain for the day, who
shall be permitted to request and hold said Device while Guest is participating in Event. Guest agrees that any Device held by Warriors or Captain during the Event shall be held in trust until such time as
the Event has ended. Guest understands that Warriors or Captain may restrict or end
participation in the Event, at any time, if Guest fails to disclose any Device which is on the Guest’s
person or is otherwise capable of being accessed by Guest during the Event, or if Guest fails to provide
same to Warriors or Captain to hold in trust if a request is made to hold any disclosed or
undisclosed Device. It is further acknowledged and agreed that if Guest at any time while participating
in the Event is found to possess or have access to any Device which has not been previously disclosed,
whether same is determined to be powered on or off at the time discovered, or whether or not same has captured or recorded any events, locations, or Confidential Information during the Event, the Guest shall be considered in breach of this Agreement and subject to the remedies set forth below.
Remedies. The parties have specifically determined that, because the ascertainment of damages to
Warriors would be very difficult, with respect to specific violations or breach of this Agreement, and in
order to provide a standard for the computation of damages, which, in the opinion of the parties, would
approximate their present opinions of the extent of damage which would probably result, it is agreed and stipulated that Warriors shall be entitled to recover from Guest, as liquidated damages, and not as a
penalty, the sum of One Thousand Dollars ($1,000.00) for an initial violation of this Agreement and a
sum of Five Hundred Dollars ($500.00) per day for each and every calendar day that the violation of this
Agreement continues beyond the initial violation. Term. The provisions of this Agreement shall survive termination of this Agreement and the Parties duties to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until the Parties sends a
written notice releasing the other Party from this Agreement, whichever occurs first.
Severability. If a court finds any provision of this Agreement invalid or unenforceable, the
remainder of this Agreement shall be interpreted so as best to affect the intent of the
parties. Integration. This Agreement expresses the complete understanding of the parties with
respect to the subject matter and supersedes all prior proposals, agreements,
representations, and understandings. This Agreement may not be amended except in
writing signed by both parties.
Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of
prior or subsequent rights.
Governing Law. This Agreement shall be governed under Florida Law.