MULTILATERAL NDA
X-TREME FUN ATHLETICS INC. FRANCHISOR GRANTOR
THE BRANDS: X-TREME CHALLENGE ARENA (XCA) & WARRIOR CHALLENGE ARENA (WCA)
KYLER STORM GLOBAL INTELLECTUAL PROPERTY AND PATENTS / IP HOLDING COMPANY (KSGITP)
X-TREME FUN ATHLETICS INC / KYLER STORM GLOBAL INTELLECTUAL PROPERTY AND PATENTS INC
Confidentiality Agreement/ Non-Compete/ Non-Replicate /Non Re-engineering Agreement
TRADEMARKS, PATENTS, PROPRIETARY APPARATUS, WEB-SITES, AND SYSTEMS
SUBJECT MATTER: Non-Compete/Confidentiality agreement/ for all Franchise Owners or those possibly wanting to own, work at, or be trained to work as a Coach, or Front desk person and have access to the disclosure of financial data and Trade Secrets. This non-compete agreement is meant to protect Kyler Storm Global Intellectual Trademark Patents Inc. exclusive, games, ideas, teambuilding packages, birthday party concepts, custom equipment, etc.
TRADEMARKED LICENSED PROPRIETARY GAMES AND EVENTS LISTED HERE
*Breakthrough *Survivor *Avalanche *Tower Ball *Dominoes *Triple Trouble *Sliders, *Sled Races *Gravity Buggies *Aerial Triangle *Aerial Elimination *Assalt *Human Catapult *Rat Race *Tandem Tug *Hang tough
*Heart Attack *Cat and Mouse *Rolling Pipe Activities *Stilt Buckets *Wrecking ball *Hover Board *Sloth Claws *Hanging Ticket Obstacle *Triangle Grid *Trade Dress *Kyler Storm's (TM) Engineered Original Suspension Grid Ceiling *Jolly Ball Course *Zip Slide
Including systems, activities, package pricing, and equipment concerned. It is agreed that Kyler Storm Global Itellectual Trademarks Patents Inc. owns sole rights to the proprietary intellectual property, equipment designs, and patents. Including but not limited to, all websites content, domains, logo’s, trademarks, equipment, trade secrets, team building programs, gladiator games, and facility designs. Not excluding but also including customer lists, financial data, marketing plans, CRM systems, waiver and customer data collection. This info will be forevermore kept in confidence for the sole benefit of Kyler Storm Global Inc, XCA and WCA. Any XCA, WCA, customer data, financial data, marketing pieces, Facebook pages, designed by a Franchisee, Licensee, or employee will be the sole long term property of Storm Global Inc. The undersigned company or individual, wishes to receive confidential information about the SUBJECT MATTER identified above for the purpose of current updates on a Franchise you own or operate or for any other possible future business partnership arrangement, or employment. In consideration of such disclosure, the undersigned agrees to maintain all disclosed information relative to XCA, WCA, subject matter in confidence, and not to use or disclose such information to others, without prior written authorization, from Kyler Storm Global Inc. This Confidentiality Agreement/ Non-Compete/ Non-Replicate /Non Re-engineering Agreement includes non disclosure to business associates, employees, sub-contractors, volunteers, and family members of the parties signing the agreement.
Addendum 1a: THIS CONFIDENTIALITY AGREEMENT also includes not disclosing any of XCA Brand, WCA Brand, trade secrets, pricing, franchising info, and licensing costs, insurance carriers, intellectual property, along with any other items that may be discussed today, disclosed, or learned now or in the future. Also it is in agreement that there will be no replication, re-engineering, or re-designing, of any of Xtreme Challenge Arena or Warrior Challenge Arena proprietary, logo's trademarks, patents, event activities, or facility design trade dress. All knowledge or know-how about this facility will be kept in confidence and not be replicated for personal/professional use.
Addendum 2a: IF YOU ARE SEEKING EMPLOYMENT AT XCA or WCA RESERVATION DESK OR OUTSIDE SALES POSITION:
You agree you will use only designated business telephone lines and numbers that are either company owned cell phones or secure VOIP connections using our 3rd party designated apps. If you choose to use your own cell phone number to call customers, that number may need to be surrendered to us for future sales team use, or terminated completely at our discretion to prevent customers calling an inactive/inaccurate sales number. For non-compliance, enforcement and legal fees will apply.
You shall cease use of and if we request shall transfer to us, all telephone numbers, customer loyalty lists,
and any domain names websites, email addresses, and any other identifiers, whether or not authorized by us, used by you while operating sales calls, and shall promptly execute such documents or take such steps necessary, to remove reference to your mobile number, from all trade or business telephone directories, google, bing, yahoo, or at our request transfer the same to us.
Addendum 3a: CANCELLATION OF ASSUMED NAMES
You shall take such action as maybe necessary to cancel any assumed name, or equivelant registration which contains the XCA or WCA marks, and all other Marks, or any other service Mark or trade Mark of ours, and you shalll furnish us with evidence satisfactory to us, of compliance. With this obligation within 5 days after termination of employment or expiration of any aggrements.
Addendum 4a. NO CONFUSION
You agree, if you continue to operate or subsequently begin to operate any other business, not to use any reproduction, conterfeit copy, or colorable imitation of the Marks, either in connection with such other business or the promotion there of, which is likely to cause confusion, mistakes, or deception, or which is likely to dilute our rights in and to the Marks, and further agree not to utilize any designation of origin, decription, trademark, service Mark, web-site address, email address, or represention, which suggests or represents a present or past association or connection with us, the XCA or WCA system or the Marks.
Addendum 5a. OUR OWNERSHIP OF IMPROVEMENTS
We and those we designate will have the perpetual right to use all ideas, methods, and other information relating to XCA and WCA, Business or which would be usable there in that are conceived or developed by you, contractors, or your employees without compensation or other obligation.
- I will not now or in the future attempt to replicate any of XCA or WCA games concepts, events, apparatus, neither for business or private use. Initial Here
- I understand that any intellectual property, trademark, or patent infringement, duplication,or disclosure will be punishable to the full extent of the law. And I agree to bear all costs of legal procedures and litigation.
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- I understand and agree that any and all attorneys fees incurred by Storm Global Inc., XCA, WCA, relative to protecting its intellectual properties, games, ideas, and concepts from infringement or disclosure will be billed to the party/parties involved in the infringement and disclosure.Initial Here