Spirit House Collective (SHC,) is pleased to offer you a position of employment in accordance with the following terms:
1. Employment Relationship. Your employment with SHC will be “at will,” meaning that either you or SHC may terminate your employment at any time and for any reason, with or without cause. Any contrary representations which may have been made to you are superseded by this offer. This is the full and complete agreement between you and SHC on this term. Although your job duties, as well as SHC’s personnel policies and procedures, may change from time to time, the “at will” nature of your employment may only be changed in an express written agreement signed by you and the SHC’s Owner.
2. Employee Privacy; Social Media Use. You understand and consent to the fact that you may be photographed or videotaped during your employment. You agree not to post photographs or comments about SHC’s Confidential Information (as defined in Section 7).
3. Employee Confidentiality. You understand that during the employment, SHC intends to provide you with information, including Confidential Information (as defined below), without which you would not be able to perform your duties to SHC. You agree, at all times during the term of the employment and thereafter, to hold in strictest confidence, and not to use, except for the benefit of SHC to the extent necessary to perform your obligations to SHC under the employment, and not to disclose to any person, firm, corporation or other entity, without written authorization from SHC in each instance, any Confidential Information that you obtain, access or create during the term of the employment, whether or not during working hours, until such Confidential Information becomes publicly and widely known and made generally available through no wrongful act of yours or of others who were under confidentiality obligations as to the item or items involved. You further agree not to make or retain copies of such Confidential Information except as authorized by SHC.
4. Confidential Information. You understand that “Confidential Information” means information and physical material not generally known or available outside the relevant trade or industry which was obtained from SHC, or which was learned, discovered, developed, conceived, originated, or prepared by you in the scope of your employment. Such Confidential Information includes, but is not limited to, client information, suppliers, pricing methods, cost data, marketing data and plans, contract information, financial forecasts, historical financial data, technical data, Trade Secrets, know-how, research, product or service ideas, software codes and designs, algorithms, developments, inventions, processes, techniques, reports, agreements with third parties, or other business information, or information which would, under the circumstances, appear to a reasonable person to be confidential or proprietary. Confidential Information does not include information related to employee working conditions.
5. SHC Property; Returning SHC Documents. You agree that, at the end of your employment, you will personally deliver to the SHC (and will not keep in your possession, recreate or deliver to anyone else) any and all materials given to you by SHC. You must return all materials WITHIN 3 DAYS of your last day of employment. This includes, but is not limited to, supplies provided by SHC, Confidential Information, marketing materials, equipment, other documents or property, or reproductions of any of the aforementioned items developed by you pursuant to the employment or otherwise belonging to SHC, its successors or assigns.
6. Release of Liability. You hereby RELEASE SHC, its employees, agents, officers, contractors, and clients (the “Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occurs to you or to any other person or to any property during the employment or in any way related to the employment, including transportation during the employment. This RELEASE includes claims for the negligence of the Released Parties. This RELEASE does not extend to claims or liabilities that STATE law does not permit to be excluded by agreement. You also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the employment or are related in any way to the employment.
This letter sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.