• CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

  • LEVER GOLF, LLC, a Kentucky limited liability company, (“we” or “us”) may provide    (“you”) with information about us and our properties that is not publicly available (“confidential information”) in connection with a possible transaction

  • In consideration for the receipt of this information, you agree as follows:

     

    1.             By engaging in LEVER GOLF training services, you, the undersigned, acknowledge the unique and proprietary nature of the LEVER GOLF swing. The LEVER GOLF swing, Invented by Jim Ferreri, is a Distinctive golf swing technique with unparalleled effectiveness. As a privileged learner of this revolutionary golf swing, you understand and agree to keep all intricate details and components confidential.

    2.             This agreement prohibits you from disclosing, sharing, or teaching the LEVER GOLF swing to any third party, either in person or through online platforms including but not limited to YouTube, or any other social media forums. The LEVER GOLF swing is the exclusive property of Jim Ferreri and LEVER GOLF LLC, and you don't have the right to sell or monetize this intellectual property in any manner. We appreciate your commitment to the integrity of the LEVER GOLF swing, and your adherence to this non disclosure agreement ensures the continued exclusivity and effectiveness of this groundbreaking golf swing technique.

    3.             You may disclose or use the confidential information if it becomes generally available to the public other than through a breach of this agreement. You may disclose the confidential information if you are compelled to do so by a valid legally binding request for production, subpoena, investigative demand or similar process, and then only if it is necessary in your legal counsel’s opinion and only if you have given us prompt notice of the request so that we may seek an appropriate protective order. If we cannot obtain the order, or if we decline to seek the order, only then may you comply with the legally binding request, and then only to the extent you are legally compelled to do so.

    4.             If we so request, you will return or cause to be returned all confidential information to us, including copies, extracts and related analyses or other documents using the confidential information.

    5.             You understand that we make no representation as to the accuracy of the confidential information and we shall not have any liability to you or any of your representatives with respect to the confidential information (other than representations contained in any definitive document negotiated, executed and delivered by you and us, and then, only in accordance with the terms of the definitive agreement).

    6.             Monetary damages may be inadequate to compensate us for breach of this agreement. We will be entitled to seek equitable relief for any such breach, including injunctive relief and specific performance.

    7.             Neither you nor we are under any legal obligation to enter into a definitive agreement regarding any transaction or to consummate a transaction by virtue of the matters addressed in this agreement.

    8.             This agreement is governed by Kentucky law.

  • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the  day of  202_

  • By

  • By

  • Name

  • Title

  • LEVER GOLF, LLC,
    a Kentucky limited liability company
    By
    James R. Ferreri, its Manager

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