WHEREAS The EASI Academy possesses certain Proprietary Intellectual Property, ideas and Information that have significantly advanced the efficiency and effectiveness training tennis players from juniors to professional level skills, to include all levels of adult training;

WHEREAS these ideas uniquely apply the methods of Systems Design, Development, Systems Engineering and Integration to tennis program design, development and implementation to advance player development;

WHEREAS these ideas, methods, protocols, drills and exercises have been developed through extensive and costly research over a period in excess of fifteen years;

WHEREAS much of the EASI Intellectual Property is being recorded in the EASI Instructor Manual;

The student or recipient agrees (by accepting training at EASI) to never disclose this information to anyone or to any business outside of the EASI Academy or for the purpose of establishing a separate competitive business in tennis of any type, kind, or nature, or to aid another player not connected with an EASI academy training program.

NOW THEREFORE, in consideration for the mutual undertakings of the Discloser and the Recipient under this agreement, the parties agree to the below terms as follows:

1. Disclosure. The Discloser agrees to disclose, and the Receiver agrees to receive the Confidential Information.

2. Confidentiality.
2.1 No Use. The Recipient agrees not to use the Confidential Information in any way or manufacture or test any product embodying Confidential Information, except for the purpose authorized by the Discloser.
2.2 No Disclosure. The Recipient agrees to use its best efforts to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person.
2.3 Protection of Secrecy. The Recipient agrees to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons.

3. Limits on Confidential Information. Confidential Information shall not be deemed proprietary, and the Recipient shall have no obligation with respect to such information where the information:
(a) Was known to the Recipient prior to receiving any of the Confidential Information from the Discloser;
(b) Has become publicly known through no wrongful act of the Recipient;
(c) Was received by the Recipient without breach of this agreement from a third party without restriction as to the use and disclosure of the information;
(d) Was independently developed by the Recipient without use of the Confidential Information; or
(e) Was ordered to be publicly released by the requirement of a government agency.

4. Ownership of Confidential Information. The Recipient agrees that all Confidential Information shall remain the property of Discloser and that the Discloser may use such Confidential Information for any purpose without obligation to Recipient. Nothing contained herein shall be construed as granting or implying to the Recipient any transfer of rights, any patents, or any other intellectual property pertaining to the Confidential Information.

5. Term and Termination. The obligations of this agreement shall be continuing until the Confidential Information disclosed to the Recipient is no longer confidential.

6. Survival of Rights and Obligations. This agreement shall be binding upon, inure to the benefit of, and be enforceable by (a) the Discloser, its successors and assignees; and (b) the Recipient, its successors and assignees.