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CONFIDENTIALITY, NO CONFLICT AND RELEASE AGREEMENT PRODUCT AND/OR CONCEPT TESTING

ONE FORM FROM EACH ADULT MEMBER OF THE FAMILY IN THE HOUSEHOLD

TO: Canada Bread Company, Limited and Vachon Bakery Inc. and their respective affiliates, subsidiaries, directors, officers and employees (collectively referred to as the “Companies”)

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree as follows:

  1. I agree to participate in testing of one or more products (“Product”) and/or concepts (“Concept”) to take place in my personal residence from time to time (the “Consumer Test”) subject to the terms and conditions herein.
  2. I agree that only my family members who live in the same personal residence as me, including but not limited to my spouse and children (collectively referred to as “Family Members”), may also take part in the Consumer Test and are subject to all the terms and conditions herein.
  3. I agree to keep all information conveyed to, acquired or learned by me during the Consumer Test, including, without limitation, my participation in the Consumer Test, the existence of the Consumer Test, and any products, services, ideas, concepts, packaging, advertising, materials, notes, questionnaires, videos, charts or other information used in connection with or arising out of the Consumer Test (collectively, the “Confidential Information”)completely confidential. I further agree to not disclose the Confidential Information to any other person or party, and to not use, take, copy, remove, print, record or download any Confidential Information or disseminate the Confidential Information in any way (including, without limitation, by way of social media). I agree that my Family Members are bound by these same requirements, and I hereby represent and warrant that each of my Family Members will comply with the terms of this Section 3.
  4. I agree all Confidential Information is and will remain the exclusive property of the Companies. Nothing in this Agreement grants any express or implied right to or waiver by the Companies of its proprietary interests in the Confidential Information, including, without limitation, patents, copyrights, trademarks, or trade secrets. Upon completion of the Consumer Test, I will return all tangible or computer-generated representations of the Confidential Information, and all copies or evidence thereof, within five business days of the request of the Companies.
  5. The obligations contained in this Agreement are necessary and reasonable to protect the Companies’ business. I expressly agree and acknowledge that monetary damages would be inadequate to compensate the Companies for any breach of any covenant set forth in this Agreement. The Confidential Information was developed or obtained by the Companies by investment of significant time, effort and/or expense, and the Confidential Information provides the Companies with a significant competitive advantage in its business. I agree that any violation, or threatened violation of this Agreement by me or my Family Members will cause irreparable harm to the Companies, and the Companies will be entitled to obtain injunctive or equitable relief, in addition to any other remedies available, as may be deemed proper by a court of competent jurisdiction without posting any bond or other security.
  6. I represent and warrant to the Companies that I and my Family Members:
    • a. do not work for any competitor, customer or supplier of the Companies; and
    • b. do not have any conflicts of interest with the Companies.
  7. I have been advised by the Companies of the following:
    • a. The Tests may involve Products (including packaging) which contain or may contain ingredients, materials and/or substances that are allergens and/or cause an allergic, intolerance or sensitivity reaction.
    • b. My Family Members and I are not permitted to participate in the Consumer Test if any of us has any known food or drug allergies, intolerances or sensitivities.
  8. I represent and warrant to the Companies the following:
    • a. I am aware of my allergies, intolerances and sensitivities, and those of my Family Members.
    • b. I will read all materials provided to me as part of the Test. Prior to any of my Family Members participating in the Consumer Test, I will explain all associated risks to them.
    • c. I will not, and my Family Members will not, consume or come into contact with Products that contain or may contain known allergens or cause a known allergic, intolerance or sensitivity reaction.
    • d. I will not allow anyone other than my Family Members and me to take part in the Test, and as such I will immediately discard any products leftover after we complete the Test.
  9. I hereby consent to me and my Family Members’ participation in the Consumer Test, being fully aware of and understand the risks of participation. With respect to my minor children, ward and/or any person not of sound mind, I hereby agree that the associated risks are acceptable and consent to their participation in the Consumer Product Test.
  10. I accept and assume all responsibility and liability for me and my Family Members’ participation in the Consumer Test. As such, I, for myself and on behalf of my Family Members, hereby release and forever discharge the Companies and their directors, officers, employees, contractors and agents and their heirs, executors, administrators, legal personal representatives, successors and assigns, as applicable (collectively, the “Releases”) from all manner of actions, causes of actions, claims, suits, demands and liabilities of any kind or nature whatsoever which I can, shall or may have in respect of any injury, loss or damage of any kind or nature to me or to my property howsoever caused, whether from allergic reactions, sensitivities or otherwise, by reason of or in any way arising out of or relating to the Consumer Test. I further covenant and agree that none of us will join, assist, aid or act in concert with any other person, firm or corporation in the making of any claim or demand or in the bringing of any proceeding or action against the Releases (or any of them), and none of us will make any claim or demand nor bring any proceeding or action against any person, firm or corporation who might claim contribution or indemnity from the Releases (or any of them).

I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS ABOVE.