Non-Disclosure Agreement (NDA) & Non-Compete
Effective 12/18/2025
BETWEEN
A Happy Host, LLC
902 McMakin Way
Pigeon Forge, TN 37863, USA
(the “Company”)
AND
[Contractor / Employee Name]
[Address]
(the “Receiving Party”)
BACKGROUND AND RELATIONSHIP
A Happy Host, LLC (“AHH”) may engage the Receiving Party as an independent subcontractor or, where applicable, as an employee. This Agreement is intended to supplement and operate in conjunction with the A Happy Host Company Handbook & Policies. Nothing in this Agreement alters or overrides the Receiving Party’s classification as an independent contractor unless expressly stated in a separate written employment agreement.
The Receiving Party acknowledges that during their engagement they may access, receive, or create confidential, proprietary, or sensitive information belonging to AHH. This Agreement governs the protection of that information and related post-engagement obligations.
1. Confidential Information
Confidential Information includes all non-public information disclosed by AHH in written, verbal, electronic, or visual form, including but not limited to:
• business operations, pricing, financial data, client and vendor information;
• proprietary workflows, systems, templates, inspection processes, checklists, SOPs, and operational methods;
• internal communications, training materials, and documentation;
• photos, videos, marketing assets, creative content, and media produced for AHH; and
• third-party information AHH is obligated to keep confidential.
Confidential Information does not include information that is generally known to the public through no fault of the Receiving Party, lawfully obtained from an independent third party, or independently developed without reference to AHH materials.
2. Non-Disclosure Obligations
The Receiving Party agrees to:
• use Confidential Information solely for authorized AHH business purposes;
• not disclose, copy, transmit, or reproduce Confidential Information without prior written consent from AHH; and
• take reasonable measures to safeguard Confidential Information from unauthorized use or disclosure.
These obligations survive termination of the engagement.
3. Non-Solicitation
During the engagement and for one (1) year following termination for any reason, the Receiving Party shall not directly or indirectly solicit, accept, or perform services for any AHH client, vendor, or business affiliate with whom the Receiving Party had contact or access through AHH.
4. Limited Non-Compete
The Receiving Party acknowledges that AHH’s legitimate business interests are primarily tied to its confidential information, client relationships, operational systems, and proprietary methods.
Accordingly, for one (1) year following termination, the Receiving Party shall not use AHH Confidential Information to compete with AHH or assist a competing business within a seventy-five (75) mile radius of AHH’s principal place of business.
This restriction does not prohibit the Receiving Party from engaging in lawful work using general skills, experience, or industry knowledge that is not derived from or dependent upon AHH Confidential Information.
5. Ownership of Work Product and Media
All work product, materials, photos, videos, documents, reports, creative content, and media created or captured by the Receiving Party during their engagement with AHH, whether paid or unpaid and whether created using personal or company equipment, are works made for hire and the exclusive property of AHH.
To the extent any material is not deemed a work made for hire, the Receiving Party irrevocably assigns all rights, title, and interest in such materials to AHH. The Receiving Party may not use, publish, distribute, or retain such materials without written authorization.
6. Return of Company Property and Materials
Upon termination or written request, the Receiving Party shall promptly return all company property, Confidential Information, and materials in any form, including digital files, photos, videos, and communications. No materials may be deleted, altered, copied, or destroyed without written direction from AHH.
Failure to return company property prior to final payment may result in deduction or offset equal to replacement or fair market value.
7. Professional Conduct and Conflict Resolution
The Receiving Party agrees to address concerns, disputes, or disagreements related to AHH privately and directly with management. Public disparagement, gossip, or conduct intended to undermine trust, morale, or professional relationships is prohibited.
This provision is intended to encourage direct communication, respectful conflict resolution, and alignment with AHH’s professional standards.
8. Remedies
The Receiving Party acknowledges that breach of this Agreement may cause irreparable harm for which monetary damages alone may be insufficient. AHH is entitled to injunctive and equitable relief, as well as recovery of reasonable attorney’s fees and enforcement costs.
9. Severability
If any provision of this Agreement is held unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable, and the remaining provisions shall remain in full force and effect.
10. Entire Agreement
This Agreement supplements and works in conjunction with the A Happy Host Company Handbook & Policies and any applicable subcontractor or employment agreement. It constitutes the entire agreement regarding confidentiality, non-solicitation, and non-compete obligations and supersedes prior agreements on those subjects.
No modification is valid unless in writing and signed by both parties.
Rickey Shaver
A Happy Host, LLC
902 McMakin Way |
Pigeon Forge, TN 37863 |
(865) 314-7564 |
services@ahappyhostgsm.com
www.ahappyhostgsm.com
