Confidentiality Agreement

In this Agreement, the party who owns the Confidential Information will be referred to as "Kiddy Kollege Child Care Center", and the party to whom the Confidential Information will be disclosed will be referred to as "Recipient" also known as the employee.

Kiddy Kollege Child Care Center is engaged in Child care services Recipient is engaged in teaching and interaction with children, parents, and staff Information will be disclosed to Recipient in order for Recipient to provide the highest quality of care for all enrolled children Kiddy Kollege Child Care Center has requested that Recipient will protect the confidential material and information which may be disclosed between Kiddy Kollege Child Care Center and Recipient. Therefore, the parties agree as follows:

I. CONFIDENTIAL INFORMATION. The term "Confidential Information" means any information or material which is proprietary to Kiddy Kollege Child Care Center, whether or not owned or developed by Kiddy Kollege Child Care Center, which is not generally known other than by Kiddy Kollege Child Care Center, and which Recipient may obtain through any direct or indirect contact with Kiddy Kollege Child Care Center.

Confidential Information includes without limitation:
Business records and plans
Customer lists and records
Pricing structure
Costs
And other proprietary information.
Confidential Information does not include:
Matters of public knowledge that result from disclosure by center
Information rightfully received by Recipient from a third party without a duty of confidentiality
Information independently developed by Recipient
Information disclosed by operation of law
Information disclosed by Recipient with the prior written consent of center
And any other information that both parties agree in writing is not confidential.

II. PROTECTION OF CONFIDENTIAL INFORMATION. Recipient understands and acknowledges that the Confidential Information has been developed or obtained by Kiddy Kollege Child Care Center by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of Kiddy Kollege Child Care Center which provides Kiddy Kollege Child Care Center with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information, Recipient agrees to hold in confidence and to not disclose the Confidential Information to any person or entity without the prior written consent of Kiddy Kollege Child Care Center. In addition, Recipient agrees that:

No Copying/Modifying. Recipient will not copy or modify any Confidential Information without the prior written consent of Kiddy Kollege Child Care Center.
Application to Employees. Further, Recipient shall not disclose any Confidential Information to any employees of Recipient, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of Kiddy Kollege Child Care Center.
Unauthorized Disclosure of Information. If it appears that Recipient has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, Kiddy Kollege Child Care Center shall be entitled to an injunction to restrain Recipient from disclosing, in whole or in part, the Confidential Information. Kiddy Kollege Child Care Center shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

III. RETURN OF CONFIDENTIAL INFORMATION. Upon the written request of Kiddy Kollege Child Care Center, Recipient shall return to Kiddy Kollege Child Care Center all written materials containing the Confidential Information. Recipient shall also deliver to Kiddy Kollege Child Care Center written statements signed by Recipient certifying that all materials have been returned within five (5) days of receipt of the request.

IV. RELATIONSHIP OF PARTIES. Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture.
V. NO WARRANTY. Recipient acknowledges and agrees that the Confidential Information is provided on an AS IS basis. Kiddy Kollege Child Care Center MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Kiddy Kollege Child Care Center BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. Kiddy Kollege Child Care Center does not represent or warrant that any product or business plans disclosed to Recipient will be marketed or carried out as disclosed, or at all. Any actions taken by Recipient in response to the disclosure of the Confidential Information shall be solely at the risk of Recipient.

VI. LIMITED LICENSE TO USE. Recipient shall not acquire any intellectual property rights under this Agreement except the limited right to use set out above. Recipient acknowledges that, as between Kiddy Kollege Child Care Center and Recipient, the Confidential Information and all related copyrights and other intellectual property rights, are (and at all times will be) the property of Kiddy Kollege Child Care Center, even if suggestions, comments, and/or ideas made by Recipient are incorporated into the Confidential Information or related materials during the period of this Agreement.

VII. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the parties regarding confidentiality. The obligations of confidentiality shall survive indefinitely from the date of disclosure of the Proprietary Information. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of Kansas. This Agreement shall not be assignable by either party, and neither party may delegate its duties under this Agreement, without the prior written consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect after the effective date of this Agreement.