1. I acknowledge and agree that receiving job placements through The Creative Kind is a valuable benefit, and that The Creative Kind has incurred considerable expense in recruiting, hiring, evaluating, and otherwise interviewing me for such assignments.
2. I acknowledge and agree that while interviewing at a client of The Creative Kind, I may be entrusted with confidential information, trade secrets, and/or proprietary materials of such client. Except as authorized by any client to which I am assigned, or except as otherwise authorized by such client pursuant to any agreement between such client and The Creative Kind, I promise and agree not to remove any property or materials belonging to any of The Creative Kind's client's premises, or to use or disclose to any person any confidential information, trade secrets or proprietary materials of the client (except as necessary to perform my duties or as otherwise authorized). I also agree to deliver promptly to any such client (on request or on the date of termination of my assignment) all documents, copies thereof, and other materials that are the client's property.
3. I agree to notify The Creative Kind upon the termination of any job placement I have received, or of a significant change in my duties as a designer, pay salary and to notify The Creative Kind of any offer of employment at a Creative Kind client to which I had been assigned by The Creative Kind before accepting any such offer.
4. I promise and agree not to perform services for, accept temporary assignments at, or work at any client of The Creative Kind to which I am introduced or placed, or during any such temporary placement, and for a period of 6 months following the completion of any such placement, without the prior written consent of The Creative Kind. I understand that The Creative Kind may condition such consent upon the payment of a fee or other compensation to The Creative Kind by the client.
5. I understand and agree that The Creative Kind is an equal employment opportunity company which does not discriminate against any applicant or employee because of his or her race, sex, national origin, religion, disability, marital status, age, sexual orientation or other category protected by law.
6. In the event I encounter any non-operational problems while on an assignment, I promise and agree to contact The Creative Kind to discuss the issue, not the client. The non-operational problems referred to in this paragraph include any complaint or concern about harassment or discrimination, unfair or abusive treatment, unsafe working conditions, and similar matters. The Creative Kind will promptly investigate any such complaint, and will take prompt, appropriate corrective action where necessary.
7. I acknowledge and agree that while in interview processes with clients of The Creative Kind I am not to disclose any information to the client about any other candidates that I may know of.
8. I acknowledge and understand that as part of The Creative Kind's exploration of new ways to show its clients and potential clients the quality of talent that it represents. The Creative Kind uses and intends to continue to use representative samples of its employees' creative, designs, drawings and other similar materials (collectively, "creative") in connection with its promotional materials.
9. As a condition of my offer of employment and continued employment from The Creative Kind, I hereby grant and agree to grant The Creative Kind its subsidiaries and affiliates, during the term of my employment with The Creative Kind and for 6 months after, the non-exclusive, worldwide, royalty-free, fully-paid, irrevocable license, to use, copy, modify, create derivative works from, disclose, publish, re-publish, distribute, post, upload, download, in connection with the publication, disclosure or dissemination of my resume or portfolio, or in connection with the Promotional Materials, or otherwise in connection with the promotion of my skills, expertise and experience as an individual or as an candidate of The Creative Kind, any creative that I created, conceived, developed or otherwise produced prior to my employment with The Creative Kind (the "prior creative"). I hereby warrant and represent that: (i) I am the sole author and owner of the prior creative and have the right to grant the License granted hereunder; and (ii) the use by The Creative Kind, its affiliates or subsidiaries, of the prior creative as herein contemplated does not and will not infringe or misappropriate the intellectual property, publicity, privacy or any other rights of any third party, or result in the violation of any agreements to which I am a party or by which I am otherwise bound.
10. I agree to indemnify, hold harmless and defend The Creative Kind, its affiliates or subsidiaries, and its and their owners, officers, directors, employees and agents from and against any losses, claims, suits, liabilities and costs (including reasonable attorneys' fees) arising from or in connection with (i) the use of the prior creative pursuant to the terms of the license as contemplated hereunder; (ii) any claim that the prior creative or the assigned creative or any use thereof as contemplated herein infringes or otherwise misappropriates or violates any rights of any third party; or (iii) a breach by me of any other warranties, representations, agreements, covenants or waivers made hereunder.
11. I acknowledge and agree that any false, incomplete, misleading, or infringing information or materials provided by me in my application for employment, in a resumé, portfolio, or in a pre-employment interview will be grounds for denial of my application or immediate dismissal from employment. I hereby warrant that I am the sole author, owner and creator of the work that I present each client of The Creative Kind and to The Creative Kind.