CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT
THIS CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT (“NDA”) is made and entered into by and between NZK Productions Inc. and/or its affiliated or related companies (“Company”), and (“Individual”). For good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Individual hereby agrees as follows: CONFIDENTIAL INFORMATION; NONDISCLOSURE
a. Individual is currently being considered as a contestant for the television series presently entitled “The Bachelor Senior Show” (hereinafter the “Series”). During his/her consideration, Individual may acquire or may be exposed to information (including, without limitation, information that is written, oral, photographed or recorded on film, tape, or otherwise) concerning the personal and/or business affairs of the Series, Company, and/or its officers, directors, principals, shareholders, affiliates, employees, contractors, executives, customers and clients, parent and any other related or affiliated entities (hereinafter collectively, “Company’s Affiliates”), and/or its (their) on-air talent and host(s), if any (collectively, “Host”). Individual agrees he/she shall not, both during and after his or her consideration, in perpetuity, disclose or cause to be disclosed (or confirm or deny the veracity of) to any third party, or use or authorize any third party to use:
(1) any information which Company has not revealed to the general public concerning the Series, including but not limited to, the participants in the Series, the content of the Series and the outcome of the Series including any of its episodes; and
(2) any non-public information relating to the business or interests of Host, Company, or Company’s Affiliates; and
(3) any information developed by or disclosed to Individual by Host, Company, Company’s Affiliates, or by any third party, which is confidential to Host, Company, Company’s Affiliates, or any third party and/or which is not generally known to the general public; and
(4) any information which Host, Company, or Company’s Affiliates instruct Individual not to disclose or confirm; and
(5) any information relating to the public or private lives of Host, Company, or Company’s Affiliates (whether or not taken, created or obtained by Individual), personal telephone numbers and addresses of residence(s), personal affairs and relationships, the names and addresses of personal friends, personal and business schedule and appointments and the locations thereof, and professional or personal activities.
The information described in (1)-(5) is hereinafter referred to collectively as the “Confidential Information.”
Page 1 of 2 BSS Confidentiality Agreement (Potential Contestant).doc
Individual acknowledges that maintaining complete privacy and avoiding disclosure of Confidential Information are critically important to Company, that Individual would not be given access to Confidential Information if Individual were not willing to agree to protect and preserve that privacy and confidentiality, and that Individual’s full and strict compliance with this NDA is a fundamental inducement upon which Company is specifically relying in beginning and/or continuing Individual’s consideration as a cast member hereunder.
Confidential Information is and shall remain the sole and exclusive property of Company and, during and after Individual’s consideration, Confidential Information, when entrusted to Individual’s custody, shall be deemed to remain at all times in the sole possession and control of Company. Notwithstanding the foregoing, Individual may disclose such Information pursuant to subpoena or other legal process five (5) business days after giving prior written notice to Company, which notice shall specify the Confidential Information to be disclosed and the circumstances of such disclosure.
b. Without limiting any other provision hereof, Individual shall not give any interviews regarding or otherwise participate in the disclosure of any Confidential Information or any other information relating to this NDA, Individual’s consideration or the business of Company or Company’s Affiliates without the prior written consent of Company. In the event that Individual is contacted by a journalist, a representative of the media or other third party who requests that Individual disclose or confirm or deny the veracity of any of the information covered by this NDA, Individual shall reject said request and/or issue a “no comment,” and Individual shall immediately advise Company thereof.
c. Within forty-eight (48) hours of the end of Individual’s consideration for any reason whatsoever, or whenever required by Company, Individual shall return, or cause to be returned to Company, all of the Confidential Information (including, without limitation, all copies of scripts, readers’ reports, summaries of contracts, blueprints, designs, drawings, and financial information) or any other property of Company in Individual’s possession or custody or at his or her disposal, which he or she has obtained or been furnished, without retaining any copies thereof.
d. Individual agrees that any breach of this NDA will cause Company incalculable damages. Such damages include the costs associated with developing, selling, casting, producing and distributing the Series, as well as the incalculable management time necessary in accomplishing same. Accordingly, Individual agrees that in the event of breach of this NDA, Individual shall pay Company, upon demand, as liquidated damages, the sum of Twenty-Five Thousand Dollars ($25,000.00) plus any actual out-of- pocket expenses, as well as any attorney fees expended in enforcing this NDA.
e. If Individual breaches the confidentiality obligations set forth in this NDA, Company shall be entitled to injunctive relief against Individual to enforce the NDA and shall be entitled to recover all attorneys’ fees and costs associated with enforcing this provision.
The provisions of this NDA shall be binding upon and shall inure to the benefit of Company, its successors and assigns and to the benefit of Individual and his or her successors and assigns.
IN WITNESS WHEREOF, the undersigned Individual has executed this NDA as of the date first above- written.
CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT