THIS DEED of AGREEMENT is made on {ndaDate}
Between {pyc} a segregated portfolio company of Professional Yacht Crew, SPC (the “Employer”) of the Cayman Islands, BRL Limited. (the “Owner”) of the Marshall Islands and {crewmemberName} of ,{ndaCity} {ndaCountry} (the “Crew Member”) and is supplemental to an employment agreement (the “Employment Agreement”) between the Employer, Owner and the Crew Member.
NOW THIS DEED WITNESSETH as follows:
1. The obligations of the Crew Member under and in connection with this Deed are in addition to, and not in lieu of, all other obligations and liabilities of the Crew Member from time to time under or in connection with his or her employment by, or rendering of services, to the Employer.
2. For the purposes of this Deed, the Crew Member agrees that “Confidential Information” means all information and knowledge in any form which at any time (whether before or after the date of this Deed) may be disclosed or imparted in confidence or be of a confidential nature (whether the Crew Member has been told that such information is confidential, or whether he or she should reasonably have believed or understood such information to be confidential) relating to the business, prospective business, internal affairs or personal affairs of the Employer, Owner or of the Employer or Owner’s Representative(s), Owner’s Guests, the Management Company and the motor yacht {yachtName} or any shareholder, director, officer, employee, agent, representative or affiliate of any of the foregoing (collectively, the "Protected Parties"), including (without limitation) all information and knowledge relating to know-how, trade secrets, investment activities, finances, personal information, whereabouts, travel plans and unpublished information relating to any of the Protected Parties. It is explicitly understood and agreed that ALL information garnered by Crew Member during his or her employment by Employer or Owner relating to Any Protected Party whatsoever is considered Confidential Information. This includes, but is not limited to, all information regarding Employers’ or Owner’s management and owner’s children, extended family, businesses, assets, schedules, financial interests, household activities, medical information and all business or personal relationships. This confidential information may not be disclosed to ANYONE, including Employee’s family members. Employee also acknowledges that the identity of the Owners and all family members, the location of employment and the particulars about schedules and planned outings are to remain strictly confidential and not to be disclosed in any manner including without limitation, on any social media venues. It is understood that a failure to abide by this Deed may, at the Employer or Owners discretion, result in immediate termination, as well as any other remedies available at law or equity including injunctive relief and damages. The obligations of the Crew Member under this Agreement shall survive indefinitely.
3. The Crew Member undertakes and covenants that he or she shall not, either during his or her employment or
rendering of services (other than in the proper course of his or her duties and for the benefit of the Employer and Owner) or after termination of such employment or rendering of services, for any reason whatsoever:
(a) use, disclose, communicate or confirm to any person any Confidential Information which he or she shall have come to know or have received or obtained at any time (whether before or after the date of this Deed) by reason of or in connection with his or her employment by or rendering of services to the Employer or Owner; or
(b) Copy or reproduce in any form or on any media or device, or allow others to copy, reproduce or access recorded information, whether or not in documentary form, containing or referring to Confidential Information ("Documents").
4. Nothing in this Deed shall restrict the Crew Member from disclosing (but only to the proper recipient, and to the extent strictly so required) any Confidential Information that he or she is required to disclose by law or by order of any court or regulatory body of competent jurisdiction, provided that the Crew Member shall have given prompt written notice to the Employer and Owner of the requirement and the information to be disclosed and given the Employer and Owner a reasonable opportunity to respond before making the disclosure.
5. All Documents at any time in the control or possession of the Crew Member are and shall at all times remain the absolute property of the Owners Care and/or Employer, and the Crew Member undertakes, both during his or her employment or rendering of services to the Employer and afterwards:
(a) Avoid any unauthorized publication, disclosure or use of Confidential Information and any documents or other media containing or referring to it;
(b) at the request of the Employer or Owner, to deliver to the Employer or Owner any Confidential Information (including all copies of all Documents and other media containing or referring to all, whether or not lawfully made or obtained) and/or to permanently and irreversibly delete Confidential Information from any re-usable medium; and
(c) To do all such things and sign all such documents at the expense of the Employer or Owner as shall be reasonably necessary to give effect hereto and/or to provide evidence that the Crew Member has complied herewith.
6. The Crew Member agrees that the restrictions set out in this Deed are without prejudice to any other duties of confidentiality owed to the Employer and Owner or any other of the Protected Parties, whether express or implied, and are to survive the termination of his or her employment or rendering of services on any basis whatsoever. Without derogating from the generality of the foregoing, the Crew Member specifically agrees not to disclose to the media or any other person any personal or financial matters or any other particulars whatsoever relating to the personal or professional lives or backgrounds of the owner of the motor yacht {yachtName} and their respective family members and other guests visiting the vessel, without having first received their prior and express written consent.
7. The Crew Member agrees that: this Deed shall be governed by and construed in accordance with the laws of the Cayman Islands, without regard to its conflicts of laws principles; the Cayman Islands courts shall have exclusive jurisdiction to settle any disputes arising out of or in connection with this Deed and the Crew Member submits to the Cayman Island courts for such purposes; and the Employer or Owner shall be entitled to bring legal proceedings in any court of competent jurisdiction.
8. Photographs: During my employment onboard motor yacht {yachtName} I may take pictures for my own personal use. Photographs taken may not include the owner, his family, guests or charter guests. Personal belongings of the aforementioned may not be photographed. Furthermore, I may not publish any pictures, taken personally or supplied from another source, of the aforementioned owners etc. on the internet, Facebook, Twitter or any other social networking sites, blogs or in the form of any other media.