Internal Page: Hugs New Hire Form

Welcome to the Hugs Cafe Inc team! Please read this form carefully, as it has legal implications. If you have any questions, please reach out to HR. You cannot save this form, so it will need to be submitted in one session.

Step 1 of 10

About You:

Who is filling out this form?(Required)

Self

Parent/Guardian

Name(Required)

First Last

Address(Required)

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code

Cell Phone

Home Phone

Employee Personal Email(Required)

This is the email where payroll information will be sent.

Employee Personal Email (PT)

This is the email where staff announcements will be sent.

Parent/Guardian Personal Email(Required)

This is the email where payroll information AND staff announcements will be sent.

Date of Birth(Required)

Gender:(Required)

Male

Female

Non-Binary

Would prefer not to answer

This field is hidden when viewing the form

Background Check Authorization

It is our policy to provide a safe and secure work environment for all our teammates. For this reason, we ask that you complete the information below.

HUGS NON-DISCLOSURE AGREEMENT

This is a non-disclosure/confidentiality agreement. (NDA). Read it carefully before agreeing.

Consent(Required)

I agree to the non-disclosure agreement

THIS MUTUAL CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT is entered into by and between Hugs Café Inc., a 501(c)3 non-profit organization, with its principal office at 224 E. Virginia, McKinney, TX 75069, and the undersigned

RECITALS
WHEREAS each of the named parties above wish to pursue discussions regarding a possible business relationship between them for volunteer services provided by [Name] (the “Transaction”); and

WHEREAS, such discussions may require the parties to disclose confidential information to each other; and

WHEREAS, all parties wish to provide a mechanism for the protection of the confidentiality of such information;

NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the parties, intending to be legally bound, hereby agree as follows:

AGREEMENT

1. Definition. Each and any party (“Disclosing Party”) may disclose or grant to any other party (“Receiving Party”) access to information that Disclosing Party considers confidential or proprietary (“Confidential Information”). Confidential Information, as used in this Agreement, shall mean any information or data which (a) if in tangible form or other media that can be converted to readable form, is clearly marked as proprietary, confidential or private when disclosed, (b) if oral or visual, is identified as proprietary, confidential, or private at the time of disclosure, or (c) is of a nature or is disclosed under circumstances such that a reasonable person would consider it confidential.

2. Exceptions. A Disclosing Party’s Confidential Information shall not include information that (i) is or becomes part of the public domain through no act or omission of a Receiving Party; (ii) was in the Receiving Party’s lawful possession prior to the disclosure and had not been obtained by the Receiving Party from the Disclosing Party; or (iii) is disclosed to the Receiving Party by a third party not known to the Receiving Party, following reasonable inquiry, to be subject to an obligation of non-disclosure with respect to such information.

3. Restrictions. Receiving Party agrees to hold in confidence and not to disclose or reveal to any person or entity the Disclosing Party’s Confidential Information, and not to use Disclosing Party’s Confidential Information for any purpose other than in connection with the parties’ discussions regarding, and performance of, a Transaction. Without limiting the generality of the foregoing, Receiving Party shall not disclose Confidential Information of Disclosing Party to any of Receiving Party’s employees or agents except those employees or agents who are required to have such Confidential Information in order to participate in the parties’ discussions regarding, or performance of, a Transaction, and who are under a written obligation of confidentiality or nondisclosure to Receiving Party. Receiving Party agrees to take commercially reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees in breach of this Agreement, including but not limited to advising each permitted employee to whom Confidential Information is disclosed of his/her obligations regarding confidentiality and non-use of such information. Receiving Party shall be fully responsible for any breach of this Agreement by its employees, agents or representatives. Receiving Party may disclose Confidential Information of the Disclosing Party if required by law or judicial, arbitral or governmental order or process, provided the Receiving Party gives the Disclosing Party prompt written notice of such requirement, reasonably co-operates (at the Disclosing Party’s expense) with the Disclosing Party’s efforts to obtain a protective order or other appropriate relief, and discloses only the Confidential Information required to be disclosed under such law, order or process.

4. Notice of Breach. In the event that the Receiving Party has actual knowledge or has reasonable belief that the Confidential Information has been disclosed or accessed without proper authorization or intent, it will promptly notify the Disclosing Party of said breach and take all commercially reasonable efforts to mitigate or contain the unauthorized disclosure.

5. Return or Destruction of Materials. The parties agree to return to each other, or to destroy upon written request of the other party, any and all Confidential Information received pursuant to this Agreement, together with all copies that may have been made, promptly upon request of the other party or, if not requested earlier, upon completion of the Transaction or termination of this Agreement. Upon destruction of Confidential Information or any copies thereof, the party accomplishing such destruction shall certify in writing to the other party that such destruction has occurred.

6. Equitable Relief. Receiving Party acknowledges and agrees that, due to the unique nature of Confidential Information, there can be no adequate remedy at law for breach of this Agreement and that such breach would cause irreparable harm to the Disclosing Party. The Disclosing Party shall thus be entitled to seek immediate injunctive relief, in addition to whatever other remedies it might have at law or in equity, in the event of an actual or threatened breach of this Agreement by the Receiving Party.

7. Ownership. Confidential Information shall remain the sole and exclusive property of the Disclosing Party. No patent, copyright, trademark or other proprietary right is licensed, granted or otherwise transferred by this Agreement or any disclosure hereunder, except for the right to use such information in accordance with this Agreement. No warranties of any kind are given for the Confidential Information disclosed under this Agreement.

8. Entire Understanding. This Agreement sets forth the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior oral or written agreements, understandings and communications with respect to such subject matter.

9. Term and Termination. This Agreement will be effective as of the Effective Date and will continue until the earlier of (1) the Confidential Information becomes publicly available, or (2) the Receiving Party obtains the Confidential Information from a third party under no duty of confidentiality.

10. Assignment. This Agreement may not be assigned by either party, and neither party shall delegate its duties hereunder, without the prior written consent of the other party. All of the terms and provisions contained in this Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, successors and permitted assigns.

11. Construction. If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from the Agreement and the remaining provisions shall continue in full force and effect. The provisions of this Agreement may not be modified, amended or waived, except by a written instrument duly executed by both parties.

12. Governing Law. This Agreement shall be governed by the law of the State of Texas without regard to its conflicts of law principles.

13. Warranty. Each party warrants that it has the authority to enter into this Agreement and to lawfully make the disclosures contemplated hereunder.

14. No Obligation to Enter Into Business Relationship. Nothing contained in this Agreement or in any discussions undertaken or disclosures regarding a Transaction will (a) be deemed a commitment to engage in any business relationship, contract or future dealing with the other party, or (b) limit either party’s right to conduct similar discussions or perform similar work with or for other parties, so long as said discussions or work do not violate this Agreement.

15. Binding Nature. This Agreement and the terms, covenants, conditions, provisions, obligations, undertakings, rights and benefits hereof shall be binding upon, and shall inure to the benefit of, the undersigned Parties and their respective heirs, personal representatives, successors and assigns.

Release of Liability

READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

Release of Liability(Required)

I agree to the release of liability

In exchange for the participation of my
employment of Hugs, Cafe, Inc. and/or use of the property, facilities and services of HUGS Café, Inc. or those of HUGS Cafe partners, volunteers, and donors, I agree for myself to the following:

1. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by HUGS Cafe staff, volunteers, representatives, or agents of HUGS Café, Inc.
2. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and to the team mate, and further release and discharge HUGS Café, Inc. for injury, loss or damage arising out of my or the team mate's use of equipment provided by, or presence upon the facilities of, HUGS Cafe or those of HUGS Café’s partners, volunteers, and donors, whether caused by the fault of myself, the student, HUGS Cafe or other third parties.
3. I agree to indemnify and defend HUGS Cafe against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or the team mate's use of equipment provided by, or presence upon the facilities of, HUGS Cafe or those of HUGS Café’s staff, partners, volunteers, and donors.
4. I agree to pay for all damages to the equipment and facilities of HUGS Cafe, Inc. and its’ partners,
volunteers, and donors caused by my Teammate’s negligent, reckless, or willful actions.
5. Any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law.
6. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
7. This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the
drafter of a specific term, language, or provision giving rise to such ambiguity.
8. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such
invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.