THIS CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (this “Agreement”) is made and entered into as of the Effective Date of Agreement set forth above by and between Gina Wood from Cake Ballin' by Gina and you the customer. WITNESSETH: WHEREAS, the parties hereto desire to have discussions related to, and may enter into, one or more business transactions (the “Subject Matter”); WHEREAS, it is contemplated that such discussions and any business transactions entered into in connection therewith will require the disclosure by Cake Ballin' by Gina (as hereinafter defined); WHEREAS, both parties recognize the value of the Confidential Information and that it is in their mutual best interests to maintain the confidential, proprietary and secret nature of the Confidential Information. NOW, THEREFORE, for and in consideration of the above premises, and in further consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. CONFIDENTIAL INFORMATION. All tutorials, classes and recipes are confidential information. Class content and recipes details should not be discussed with anyone but the two parties entering into this agreement. If you are a member of a recipe class group you are welcome to discuss the recipes purchased within that class in the private Facebook group. Otherwise - no mention of ingredients should be mentined. Failure to comply with these guidelines could result in removal from all classes and groups as well as being restricted from purchasing any future content. No refunds will be provided. Group re-entrance will be discussed between both parties as my discretion. You may also not share or swap recipes between other members of public or private groups. DO NOT reach out to other members requesting this.
2. FORM OF DISCLOSURE. Confidential Information may be oral, visual, or by demonstration, or in some other form not permanently recorded, and shall be considered Confidential Information regardless of whether such Confidential Information has been expressly designated as confidential or proprietary.
3. PERIOD OF CONFIDENTIALITY AND NON-USE. Buyer shall maintain in strict confidence starting on the Effective Date and not disclose any Confidential Information it receives from Cake Ballin' by Gina/Gina Wood to any third party or use the Confidential Information for its own or any other party’s benefit. You can use my recipes as a product in your business - meaning you can make the actual product and sell it. However, you cannot discuss or share those ingredients with anyone else. This includes public cake pop groups. Under no circumstances should questions be asked about specific ingredients or modifcations. All of those questions should be discussed between the two parties entering this agreement. This means - Gina Wood and yourself.
4. NO REFUNDS. Once content has been accessed no refunds will be provided. Yes it is my hope you will have access to all tutorials ad class groups forever. But if you fail to comply to these rules or slander me or someone in a public group I have the right to refuse any future service and remove you without a refund. Be kind, caring and considerate and this will never be an issue.
5. FAILURE TO COMPLY TO GUIDELINES. In the event the purchaser does not comply with these rules legal action may be taken to seek retribution for lost funds due to your negligence. A legal notice will be sent via email or mail.
6. REMOVAL. Failure to comply with the above guidelines could result in permenant removal from all class groups and public groups.
7. FILE MANAGEMENT. Content will be sent out one time within 24 hours as long as this NDA is completed in its entirety with the name used for purchase. Please save all PDF recipes to a device for safe keeping. Once you are a member of a class group you should also save paid content to a device in case any technical glitches occur making you unable to access this content. Facebook technical issues are out of my control. Also open all files with a PDF reader to ensure the content is visible in its entirety. Duplicate purchases will not be refunded or replaced. All choices for mini packages or other packages should be sent within 72 hours of purchase. This also applies to any free recipe promotions offered.
8. LEGAL NAME. Upon entering in this agreement and purchasing through my webstore you have provided your legal name. If you're attemping you join a class group on Facebook this name should match the name you've purchased and signed with. If it does not - you MUST notify me before hand. Otherwise, you will be declined automatically.
9. SUMMARY. In short - keep this content and recipes to yourself. Use my content to learn and grow. Use it to make your own business money. This document does not mention your food labels because it has nothing to do with that. This document is meant to protect me from YOU sharing recipe and class specifics with others. Your food labels do not go over those at length. Please use common sense when applying the rules of this document and follow the instructions provided.
Do not share recipes with others. Do not ask questions in public groups about recipe ingredients. Do not re-teach my content to others. Do not sell my content to others. Be kind. Save your content to your devices so you have it forever. If you do all of this - we will have no issues or concerns. Happy Poppin'!