This Agreement is made between JKF Pty Ltd (“JKF”), and the Client, hereinafter referred to as the “Recipient”.

1. Purpose:
The Recipient wishes to receive certain confidential information related to race car consultancy and aerodynamic analysis techniques and intellectual property for the purpose of improving race car performance.

2. Definition of Confidential Information:
For the purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which JKF is engaged. This includes, but is not limited to, race car consultancy techniques, methodologies, tools, strategies, and any other proprietary information used by JKF on the Recipient’s cars.

3. Obligations of the Recipient:
The Recipient shall:

  • Hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of JKF.
  • Not disclose, reproduce, or distribute the Confidential Information to any third party without the prior written consent of JKF.
  • Use the Confidential Information for the purpose stated above and not for any other purpose.

4. Exceptions:
Confidential Information does not include information that:

  • Was publicly known and made generally available before the Recipient received it from JKF.
  • Becomes publicly known and made generally available after disclosure through no wrongdoing of the Recipient.
  • Is in the possession of the Recipient without confidentiality obligations before the disclosure by JKF.

5. Duration:
The obligations set forth in this Agreement shall be binding for a period of ten (10) years from the date of disclosure of the Confidential Information.

6. Return or Destruction of Confidential Information:
Upon the conclusion of the engagement or at JKF’s request, the Recipient shall return all copies of the Confidential Information or certify in writing that all copies have been destroyed.

7. Governing Law:
This Agreement shall be governed by and construed under the laws of New South Wales, Australia.

8. Entire Agreement:
This Agreement contains the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.

9. Amendments:
No amendment or modification to this Agreement will be valid unless in writing and signed by both parties.

10. Remedies:
The Recipient agrees that any violation or threatened violation of this Agreement will cause irreparable injury to JKF, entitling JKF to seek injunctive relief in addition to all legal remedies.