Confidentiality, Non-Disclosure, and Non-Solicitation Agreement

0724670 B.C. Ltd. DBA “Hire a Santa” (the “Company”) is considering the Applicant as a possible future contractor, and as a result, may disclose certain information during discussions with the Applicant to determine and evaluate the Applicant’s skills and suitability for the role of a Santa. In consideration of the Company’s willingness to discuss potential future opportunities, the Applicant agrees as follows:

  1. In this Agreement, “Confidential Information” means any information related to the company’s clients, malls, suppliers, agents, marketing processes, other contractors, pricing, booking/hiring process, booking requests, marketing materials and any other –non-public proprietary information and materials relating to the Company, whether directly or indirectly disclosed to the Applicant by the Company.
  2. Confidential Information shall not include information that: (i) the Applicant can show at the time of disclosure is generally available to the public other than through a breach of this agreement; or (ii) is required to be disclosed by a subpoena or by an order of a court of competent jurisdiction.
  3. Applicant shall at all times keep the Confidential Information confidential and will not make use of it or disclose of it to any third party. Nothing in this Agreement shall be construed as granting any license or other right to the Applicant to use, disseminate or disclose the Confidential Information.
  4. Applicant expressly agrees that it shall not use the Confidential Information to solicit any clients, malls, suppliers, agents or other contractors of the Company. 
  5. The obligations in this Agreement shall survive in perpetuity whether or not the Company enters into any form of contract agreement with the Applicant.
  1. Applicant acknowledges and agrees that any breach or threatened breach of the provisions of this Agreement will cause harm to the Company, including irreparable harm that cannot be compensated for by an award of monetary damages such that the Company shall be entitled to relief including, but not limited to, specific performance and injunctive relief.
  2. This Agreement is governed by the laws of the Province of British Columbia.

    Confidentiality, Non-Disclosure, and Non-Solicitation Agreement

    Thank you for working with Hiring A Santa!  The business of Hire A Santa depends on the confidentiality of some of the information we will discuss during our interview.  Of particular importance, but not exclusive, are the names and contact information or our clients and suppliers, as well as the pricing schemes that we use with our clients (together, the “Confidential Information”).  Therefore, in consideration of this interview, we require that you:

    • Keep the Confidential Information in strict confidence, and do not divulge any aspect of the Confidential Information to any entity, including to any of your family, friends, suppliers, agents, or affiliates, or to any client or prospective client of Hire A Santa; and
    • Use the Confidential Information for no purpose other than for the business of Hire A Santa, and specifically, do not use the Confidential Information to directly solicit or provide services comparable to those which Hire A Santa provides, to any suppliers, agents, affiliates, or any client or potential client of Hire A Santa which we may bring to your attention.
    • Our provision of any Confidential Information to you is conditional upon your acceptance of this term of confidentiality, and you are deemed to accept it when you interview with us and again if your services are contracted through us.  If you are unable or unwilling to maintain the confidence of our Confidential Information and use it only for the purpose specified above, please notify us immediately.
    • If as a contractor of Hire A Santa you appear for an interview or at an event with any client or prospective client of Hire A Santa (a “Client Interview”), you agree that you will not use any Confidential Information which you gain in any Client Interview for the purposes described or prohibited in items 1 and 2 above, or for any purposes other than those required to perform the services which Hire A Santa may engage you as a contractor perform for its clients.
    • I understand and agree not to contact your clients directly.
    • All candidates are required to go through a criminal background check at their own expense.