NON-DISCLOSURE AGREEMENT

Please read and mark your consent below.

(FCDS Disclosing)

This non-disclosure agreement (“Agreement”) is between Forsyth Country Day School, located at 5501 Shallowford Road, Lewisville, NC 27023, and the student filling out this form.

I. RECITALS

  • Student wishes to receive certain trade secrets, confidential and proprietary information (hereinafter collectively “Information”) pertaining to FCDS. This exchange includes all communication of Information between the parties as part of the Headmaster Internship Class in any form whatsoever, including oral, written, electronic, and machine readable form, pertaining to the above.
  • Student wishes to receive the Information for the sole purpose of successfully completing the Headmaster Internship Class (“Class”).
  • FCDS is willing to disclose the Information and Student is willing to receive the Information (as “Receiving Party”) on the terms and conditions set forth herein.

Therefore, FCDS and Student agree, as follows:

That the disclosure of Information by FCDS is in strictest confidence and thus Student will:

  • Not disclose to any other person the Information and will use a reasonable degree of care in protecting and maintaining the confidentiality of the Information;
  • Use the Information only in connection with the Class;
  • Restrict disclosure of the Information solely to those individuals authorized, in writing, by the Headmaster of FCDS;
  • Advise each such individual, before he or she receives access to the Information, of the obligations of Student under this Agreement, and require each such individual to maintain those obligations;
  • Within fifteen (15) days following request of FCDS, return to FCDS all documentation, copies, notes, diagrams, computer memory media and other materials containing any portion of the Information, or confirm to FCDS, in writing, the destruction of such materials; and
  • Immediately upon completing the Class or dismissal from the Class, Student shall return to FCDS all documentation, copies, notes, diagrams, computer memory media and other materials containing any portion of the Information, or confirm to FCDS, in writing, the destruction of such materials.
  • This Agreement imposes no obligation on Student with respect to any portion of the Information received from FCDS which (a) was known to the Student prior to disclosure by FCDS and (2) as to which the Student has no obligation not to disclose or use it, (b) is lawfully obtained by the Student from a third party under no obligation of confidentiality, (c) is or becomes generally known or available other than by unauthorized disclosure, (d) is independently developed by the Student or (e) is generally disclosed by FCDS to third parties without any obligation on the third parties.
  • The Information shall remain the sole property of FCDS.
  • In the event of a breach or threatened breach or intended breach of this Agreement by Student, FCDS, in addition to any other rights and remedies available to it at law or in equity, shall be entitled to preliminary and final injunctions, enjoining and restraining such breach or threatened breach or intended breach.
  • The validity, construction, and performance of this Agreement are governed by the laws of the state of North Carolina.
  • The rights and obligations of the parties under this Agreement may not be sold, assigned or otherwise transferred.

Student consents to the use of his/her name, picture, appropriate class work, and class point totals on the FCDS and Class websites, during the school year in which they participate in the Class.

Student also promises not to disclose any confidential information provided to them as part of the Headmaster’s Headmaster's Internship class to anyone not authorized as discussed above, and recognizes that a disclosure of confidential information and therefore a breach of the promise not to do so may be considered an Honor Offense by FCDS.

This Agreement is binding upon FCDS and Student, and upon the directors, officers, individuals and agents of each. This Agreement is effective as of the date of execution and will continue indefinitely, unless terminated on thirty (30) days written notice by either party. However, Student’s obligations of confidentiality and restrictions on use of the Information disclosed by FCDS shall survive termination of this Agreement.