Live Cryo NDA for Turn Key Opportunity


To learn more about this opportunity, please sign the NDA below.  Once complete, you will be directed to the opportunity.

 

NON-CIRCUMVENTION, NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT

 

THIS AGREEMENT is for the arrangement of Non-Circumvention, Non-Disclosure and Confidentiality between LiveCryo, and other affiliated entities, (“Disclosing Party”) and Receiving Party, as shown on the signatory block below (“Receiving Party”) (jointly, hereinafter, referred hereto as “the parties.”)

 

WHEREAS, Disclosing Party has an opportunity to purchase and operate certain whole body cryotherapy chambers (“Equipment”) and has prepared a business plan for the successful and profitable joint operation of the Equipment which it desires to present to Receiving Party, (the “Opportunity”) and Receiving Party desires to be presented with the Opportunity, and for good and adequate consideration, the receipt of which is hereby acknowledged by the parties hereto, the Parties enter into this Agreement.  NOW THEREFORE the Parties agree as follows:

  1. This Agreement is a perpetuating guarantee for three (3) years from the date of execution and is to be applied to the Opportunity and any and all communications and transactions present and future, of the Disclosing Party, including subsequent, follow-up, repeat, extended, renegotiated, and new transactions regardless of the success of the project.
  2. Receiving Party agrees not to contact or initiate contact at any time or for any purpose, either directly or indirectly, the Equipment referenced in the Opportunity, or any other Equipment company, nor any officers, directors, shareholders, consultants, attorneys, employees, agents or other affiliates of the Opportunity or a competitor, or any other business or property whose identity was revealed through the efforts of Disclosing Party, unless such approval is specifically granted in written form by Disclosing Party on a case-by-case basis. Receiving Party further agrees not to undertake any transaction or a series of transactions of any kind regarding the Opportunity, regardless of the manufacturer or distributor of the Equipment, or similar Equipment, or to collect any fees in connection with the Opportunity without the express prior written agreement of Disclosing Party, which agreement may be withheld in Disclosing Party’s sole discretion.  For the avoidance of doubt, by way of example and not limitation, this paragraph precludes Receiving Party from: a) utilizing Disclosing Party’s business model; b) incorporating cryotherapy into Receiving Party’s existing business model; or c) starting a new cryotherapy business competitive to Disclosing Party’s business.
  3. The Receiving Party agrees to keep confidential all information learned from the Disclosing Party or regarding the Opportunity and Equipment, including, but not limited to, all names of any contacts introduced or revealed by the Disclosing Party or learned by the Receiving Party, and that their firm, company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees, or consultants will not contact, deal with, negotiate or participate in any transactions with any of the contacts without first entering a written agreement with Disclosing Party. The Receiving Party agrees not to disclose, reveal or make use of any information during discussion or observation regarding financials, methods, concepts, ideas, product/services, or proposed new products or services, nor to do business with any of the revealed contacts without the written consent of the Disclosing Party.
  4. In case of circumvention, the Receiving Party agrees and guarantees that it will pay liquidated damages in the amount of any lost fees, profits, commissions, whether directly or indirectly, that could have been realized by the Disclosing Party. If the Disclosing Party commences legal proceedings to enforce the terms of this agreement, the Disclosing Party will be entitled to recover court costs and reasonable attorney fees.
  5. If there is a breach or threatened breach of any provision of this Agreement, it is agreed and understood that the Disclosing Party shall have no adequate remedy in money or other damages and, accordingly, shall be entitled to injunctive relief; provided however, no specification in this Agreement of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Agreement.
  6. This Agreement contains the entire understanding between the parties, and is to be construed in accordance with the laws of the State of Michigan and both parties expressly consent to the exclusive jurisdiction of the Oakland County Circuit Court. If any provision of this agreement is found to be void by any court of competent jurisdiction, the remaining provisions will remain in force and effect.
 
 

 

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Signature Certificate
Document name: Live Cryo NDA for Turn Key Opportunity
Unique Document ID: f93ccefd1dcebd723cafd0c7c0c1ba7732ceb47f
Timestamp Audit
2016-05-15 23:09:01 ESTLive Cryo NDA for Turn Key Opportunity Uploaded by Live Cryo - info@livecryo.com IP 73.161.75.226