Disclaimer

CONFIDENTIALITY, NONDISCLOSURE, RELEASE FROM LIABILITY AND NON-COMPETE AGREEMENT

  1. Through my enrollment in The Art of Shoes presented by Selena McCartney Design, Inc. (“The Art of Shoes”), I understand I will be taking a course or courses in shoe design and will be instructed on matters including, but not limited to: the manufacturing, design process, and retail of shoe wear.   
  2. Throughout the entire duration of my course(s) at The Art of Shoes, I will have access to confidential and/or proprietary information of The Art of Shoes, Selena McCartney Design, Inc. and its president, Selena McCartney.  I acknowledge that The Art of Shoes has a legitimate and significant business interest in protecting the confidentiality of its confidential and proprietary information.
  3. “Confidential Information” means information concerning The Art of Shoes, Selena McCartney Designs, or the work of Selena McCartney that is confidential, proprietary or private, regardless of whether or not the information is so designated in writing.  Confidential Information includes, without limitation, information concerning:  trade secrets; customers or prospective customers; sales, marketing, advertising, or promotion; business development, business policies or other business affairs; finances; products, services, or pricing; organizational structure, vendors, and sources; research and development; legal strategies; technology, including without limitation, methods, systems, techniques, procedures, designs, design ideas, sketches, drawings, outlines, product models, prototypes, photographs (digital or print), business plans, specifications, design strategies, techniques, formulae, inventions, know-how, hardware and software; data and databases; testing or evaluation procedures; other materials prepared by or for The Art of Shoes or entrusted to The Art of Shoes in connection with work for customers or prospective customers and other information of a similar nature.  Confidential Information also includes all tangible embodiments (including copies) of any of the foregoing.  I acknowledge that any direct or indirect use or disclosure at any time of any Confidential Information would cause The Art of Shoes immediate and irreparable harm.  I hereby agree that I shall not make any such use or disclosure.  This obligation shall survive, in perpetuity, any termination of this agreement.
  4. I acknowledge that throughout my course at The Art of Shoes, students are encouraged to share ideas, collaborate, work together and inspire each other.  I agree that I shall not copy, share, circulate, disseminate, or distribute any ideas, designs, sketches, outlines, product models, plans, prototypes, instructions, methods, techniques, skills or any other related works that I shall learn about, be exposed to, or discuss during the course, outside the confines of the course(s) at The Art of Shoes, through any oral, verbal, written or other type of communication.  I further agree that I shall not post, share, or discuss the content of my course(s) at The Art of Shoes, on any forum, including but not limited to: social media platforms such as Facebook, Instagram, and Twitter; any personal blog or website I may own or publish; or any current or future projects I may develop such as any books, guides, or presentations.  I agree to refrain from sharing any information I may gather from my enrollment at The Art of Shoes whatsoever, from the very beginning of the course, throughout its duration, and after its conclusion.
  5. I acknowledge and hereby fully and forever discharge and release The Art of Shoes from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of any damages or injuries that may be sustained by my participation in The Art of Shoes course or courses.  I further agree for myself, heirs, executors or administrators, or assigns to indemnify and hold harmless The Art of Shoes and will not initiate or assist the prosecution of any claim for damages, or course of action which may have by reason of injury to me or my property arising from the activities agreed to by this agreement.
  6. I acknowledge that it is important for The Art of Shoes to protect itself against unfair competition through the misappropriation or misuse of its confidential and/or proprietary information.  As such, I may not be associated with the ownership, management, operation, or control of a business similar to the type of business conducted by The Art of Shoes, for a period of Two (2) Years and within Thirty (30) Miles of The Art of Shoes’ business.  Further, I may not directly or indirectly interfere with or attempt to interfere with the actual or prospective relationship, business or business opportunity between The Art of Shoes and any third party, including, without limitation, any customer, vendor or supplier of The Art of Shoes.
  7. I acknowledge that The Art of Shoes has a legitimate business interest in preventing me from violating this agreement.  I further acknowledge that The Art of Shoes would be immediately and irreparably harmed, and that such harm would not be readily susceptible to measurement in economic terms, or economic compensation would be inadequate, if I were to violate the terms of this Agreement.  I therefore agree that in the event I violate, or threaten to violate the terms of this Agreement, The Art of Shoes will be entitled to preliminary and permanent injunctive relief, specific performance, and any other equitable remedies, in addition to any and all remedies at law.