Placement & Recruitment Candidate NDA - Resume Submittal
Estate Management Solutions is a boutique luxury household management, service, staffing, and education company – we are proud to be able to offer state-of-the-art Luxury Household Staffing & Placement Services to those who are seeking unique work opportunities within a highly-niche luxury service industry.
The EMS Team is committed to exceptional quality of service in every aspect of our business – we will do everything we can to make sure your service experience is as beneficial, friendly, and informative as possible.
As you prepare to begin, please take all the time you need to review and complete our terms of agreement pertaining to Confidentiality & Marketplace Competition.
We understand there is a lot of information here. If you have any questions, or if you do not understand any of our service terms, conditions, or policies, please do not hesitate to ask us for clarification.
Peter Colt Van RyderFounder & CEO
[email protected]Dallas: (214) 605-7286 | Austin: (512) 969-8280 | Houston: (713) 258-9800www.HNWSolutions.com
This Non-Disclosure Agreement (for Luxury Household Staffing & Private Placement Services) (this “Agreement”) is by and between HNW Solutions, LLC, a Texas Limited Liability Company doing business as Estate Management Solutions (“EMS” or “We”) and the person whose name appears on the line below:
(the “Candidate”, or “I”).
EMS and the Candidate will be referred to in this Agreement individually by name or as “Party” and collectively as “Parties.” The Parties, intending to be legally bound, agree as follows:
The Candidate acknowledges that EMS has spent, and will be continuing to expend, substantial amounts of time, effort, resources, and money to develop its business, proprietary information, trade secrets, placement processes, reputation, goodwill relationships, etc. to become an effective service organization and, as such, EMS has multiple legitimate business interests to be protected in the process of making the Placement Program available to the Candidate.
The Candidate further acknowledges and agrees that, in light of the niche industry in which EMS operates, as well as the uniquely sensitive nature of the role placements that the Candidate is seeking to land through the Placement Program, it is fully reasonable towards the protection of EMS’ multiple legitimate business interests that all participants of the Placement Program express their written promises NOT TO DISCLOSE any of EMS’ Confidential Information (as defined below) and NOT TO ENGAGE UNFAIR MARKET COMPETITION against EMS during their participation in the Placement Program and for a reasonable period of time afterwards, as is provided in this Agreement.
At all times during and after the Candidate’s participation in the Placement Program, UNLESS the Candidate has obtained the express prior written permission otherwise from EMS, the Candidate agrees and PROMISES TO NOT, directly or indirectly:
The Parties agree that the Placement Program is offered by EMS for the sole intention to support the Candidate in their efforts to obtain a unique job/role in service to a luxury household or estate. Upon the Candidate’s successful completion of the Placement Program, the Candidate may use those resources and non-Confidential Information that are collected during the Placement Program to support job/role search efforts.
The Candidate acknowledges that a violation (or threatened violation) by the Candidate of any of the promises contained in Sections 1, 2, 3 or 4 of this Agreement would cause irreparable damage to EMS in an amount that would be material but not necessarily readily ascertainable, and that any typical remedy at law (including the payment of purely monetary damages) would be generally inadequate. Accordingly, the Candidate agrees that, notwithstanding any provision of this Agreement to the contrary, EMS shall be entitled—without the necessity of showing economic loss or other quantified damage—to injunctive relief (including temporary restraining orders, preliminary injunctions and/or permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the promises set forth in Sections 1, 2, 3, or 4 of this Agreement in addition to any other legal or equitable remedies EMS may have. The preceding sentence shall not be construed as a waiver of the rights that EMS may have for damages under this Agreement or otherwise; all of EMS rights shall deemed as reserved, in-tact, and unrestricted.
In consideration for the Candidate’s signed promises under this Agreement and payment of applicable Placement Program fees, EMS will permit the Candidate to enroll and participate in the Placement Program to pursue valuable, unique, and specialized job/role opportunities. The Parties agree that a material breach by the Candidate of any obligations under this Agreement shall be considered grounds for an immediate “Expulsion for Cause” from the Placement Program without refund of service fees.
In signing this Agreement, the Candidate represents and warrants to EMS that:
Accordingly, By signing below, I, the Candidate, am expressing my good-faith acknowledgment and agreement that, especially given the positive goodwill and scope of EMS business in its niche industry, as well as the uniqueness of the information and opportunities that will be made available to me in connection with my participation in the Placement Program, all terms of this agreement and restrictive covenants are fully reasonable à these restraints do not and will not constitute a threat to my livelihood. I believe that the harm to EMS that could arise through a choice to not enforce the provisions of this Agreement significantly outweigh any potential workplace limitations or harms that I would experience as a result of enforcement by injunction or otherwise. I understand the voluntary nature of all EMS service and background screening processes and I promise that I am not aware of any law, rule, regulation, order, agreement, promise, undertaking, or other fact or circumstance which would prevent full execution and performance of this Agreement as written.
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Document Name: Placement & Recruitment Candidate NDA - Resume Submittal
Agree & Sign