Terms and Conditions - Neon School
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All Students are required to sign this form before they are accepted on the course.

• The deposit with booking is non-refundable. In the eventuality of students not being able to attend the weekend booked an alternate date will be provided.
• Students must be 18+.
• Course allows for one piece of neon and power supply  per student.
• More materials may be purchased if desired.
• All weekend practice glass is included.
• Safety glasses , aprons etc are provided .
• Students are encouraged to bring a pack lunch , but we have plenty of great beach restaurants to choose from.
• Itinerary and formalities will be forwarded on upon booking.

 

 

MUTUAL NON-DISCLOSURE AGREEMENT FOR CONFIDENTIAL INFORMATION

This Agreement is made on the

 

Between Andy Doig of Fishtail Neon Studios
And:

WHEREAS, the parties are discussing a project and discussions between the parties may entail the disclosure of either party’s Confidential Information to the other; WHEREAS, the parties are willing to disclose confidential information to each other pursuant to the terms and subject to the conditions of this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows:

For the purposes of this Agreement, “Confidential Information” shall mean all information, including without limitation schedules, drawings, plans, budgets, software, tangible property of any kind, drawings and designs, instrumentation, models, data and commercial and financial information relating to either party or to any project either party has been contracted (whether formally or otherwise) to provide services or supply tenders for the same.

Confidential Information shall include (but not be limited to) all information disclosed whether orally, in writing or by demonstration by either party to the other if:
a) it is expressed to be confidential; and/or
b) it would appear (by its contents or the circumstances or manner in which it is disclosed) to be confidential to a person having the skills and knowledge necessary for the evaluation of the information in connection with the potential business relationship and includes such information stored, represented or copied in any medium whatsoever

 

Each party covenants and agrees (as “Disclosee”) that it shall use the Information disclosed to it by the other (as “Discloser”) for the sole purpose of evaluating and participating in the project and plans of the other party as they relate to the potential business relationship with the other party and that it shall not use the Information except for such purpose.
The Disclosee covenants and agrees that it will keep all and any Information disclosed to it by the Discloser in confidence using at least the same standard of care which it exercises in respect of its own proprietary information of a similar kind and in any case no less than a reasonable standard of care. The Disclosee shall prevent the disclosure of all or any part of such Information to any person or persons outside its organisation or to any unauthorised person, or any persons within its organisation who do not have a need to know. Further, each Disclosee undertakes that it shall procure that no disclosure is made to any such person unless there is in place a binding enforceable obligation preserving the confidentiality of the Information in the hands of such disclosee.

 

At the end of the evaluation or business relationship with the other party, or upon request at any time by the Discloser, whichever is earlier, the Disclosee shall immediately return all of the Discloser’s Information (including all copies and notes incorporating any Information) to the Discloser and shall make no further use of any kind of the Discloser’s Information. If either Disclosee loses, makes, or becomes aware of an unauthorised disclosure of the Discloser’s Information, it shall notify the Discloser party immediately and shall use every reasonable effort to retrieve the lost or wrongfully disclosed Information and to prevent any use or further disclosure being made of such Information (such steps to include, where appropriate, enforcement of any contractual obligation of confidentiality owed to the Disclosee by any person).
Each party agrees not to reproduce or duplicate any of the Discloser’s Information without prior written permission from the Discloser and to maintain a register of any such copies made with details of the purpose for which the copy of was made, the date of copying and the person to whom the copy was given.
For the avoidance of doubt this means that you will not, without getting Andy Doig’s prior written consent:

(a) make any part of the Information available to any third party

(b) use the Information for any purpose other than the purposes notified to you by Andy Doig

(c) make any kind of copy of any part of the Information unless strictly necessary to carry out Andy Doig’s instructions

(d) develop any similar or identical creative project or production to those of which Andy Doig has contracted or disclosed to you
In the event Information is furnished in the form of tangible property, such as a product or software, the Receiving Party agrees not to analyse, decompile, disassemble, decode, redesign, reverse engineer, or otherwise reproduce such tangible property, or attempt to do so.

The Disclosee shall not be liable for disclosure or use of any Information to the extent that the same:

a) was in the public domain at the time it was disclosed; or
b) was independently developed by the Disclosee, provided, however, that the Disclosee must notify the Discloser immediately upon disclosure of its claim of independent development and shall produce reasonably acceptable written documentation supporting this claim; or
c) was known to the Disclosee at the time of disclosure or thereafter becomes known without breach of this Agreement; or
d) is disclosed with the written approval of the Discloser; or
e) is disclosed pursuant to any legally enforceable requirement of any competent Government agency or department, provided that prior to such disclosure the Disclosee shall give written notice to the Discloser and a reasonable opportunity to defend the proprietary status of such Information.

The responsibilities and obligations of the parties with respect to protection of Information shall expire five (5) years following the date of this Agreement.
In providing Information hereunder, each Discloser makes no representation, either express or implied, as to its adequacy, sufficiency, or freedom from defect of any kind, including freedom from any patent infringement that may result from the use of all or any part of such Information. Neither party shall be liable for damages, of whatever kind, as a result of reliance on or use of the Information provided hereunder.
No license or conveyance of any rights to either party under any discoveries, inventions, patents, trade secrets, copyrights, or other form of intellectual property is granted or implied by the exchange of Information between the parties.

This Agreement shall be subject to the law of England and Wales. The Courts of England and Wales shall have jurisdiction in case of all or any unresolved disagreement between the parties relating to this Agreement and each party irrevocably consents to such jurisdiction and service of proceedings at the above-stated addresses respectively (or such other address within the jurisdiction which each party may advise to the other for that purpose). Where breach is alleged to occur outside the jurisdiction, the claimant party may choose to take legal action in a forum convenient to the alleged breach.

 

The parties acknowledge that in the event of the unauthorised use or disclosure of any Information by the Disclosee or by any other person or entity whom the Disclosee has further intentionally or accidentally disclosed the Information, the Discloser shall have:
a) the right and remedy to have the provisions of this Agreement specifically enforced by any court having jurisdiction, it being acknowledged and agreed that any such breach may cause irreparable injury and that money damages may not provide an adequate remedy to the Discloser, and
b) the right and remedy to require the Disclosee and any unauthorised person or entity which uses or misappropriates the Information to account for and pay the disclosing party all profits, compensations, moneys, accruals, increments, or other benefits derived or received by any other party, person, or entity as a result of wrongful use or disclosure of the Information. In addition, the disclosing party shall have all other rights and remedies available at law or in equity, including a temporary restraining order without the obligation to prove financial loss.
This agreement shall survive the return of Information by either party and any termination or expiration of this Agreement. Failure to enforce any provision of this Agreement shall not constitute a waiver of any provision. In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and other costs of enforcement. If any portion or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected, and each portion and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law.

This Agreement contains the entire understanding between the parties concerning the subject matter hereof superseding all prior or contemporaneous communications, agreements, and understandings between the parties with respect to the disclosure and protection of Information relating to the purpose of this Agreement. This Agreement shall apply in addition to, and notwithstanding, any specific legends or statements associated with any particular Information.

The execution of this Agreement by the parties shall not be construed or interpreted as a commitment that either party will enter into a subsequent transaction involving the Information. Any further agreements between the parties will only be reflected in a definitive written agreement signed by the parties.

Nothing contained in this Agreement is intended to or shall grant to either party the right to make any binding commitments of any kind for or on behalf of the other party by way of agency or otherwise and neither party shall hold itself out as being so authorised pursuant to this Agreement.

 

This Agreement shall benefit and be binding upon the parties hereto and their respective successors and assigns. The other party shall not be entitled to assign or otherwise transfer any of their rights or obligations hereunder save with the prior written consent of Andy Doig, such consent to be within the absolute discretion of Andy Doig and subject to such terms and conditions as it may deem fit.

 

IN WITNESS WHEREOF this Agreement has been executed and delivered as a deed:

 

Signed for and on behalf of Andy Doig

 

Name:

Title:

Date:

 

In the presence of:

 

Witness signature

 

Witness name

 

Witness address

 

 

 

Signed by

 

 

Date:

 

 

In the presence of:

 

Witness signature

 

Witness name

 

Witness address