A liquidated damages clause specifies a predetermined amount of money that must be paid as damages for failure to perform under a contract. The amount of the liquidated damages is supposed to betheparties' best estimate at thetime they sign the contract of the damages that would be caused by the breach.

Comedian Pete Davidson asks fans attending his concert to sign a confidentiality and non-disclosure agreement prohibiting them from sharing information or opinions regarding the performance. If Davidson tests a joke and decides never to publicly perform it again, fans are not permitted to disclose or share any information until he releases it to the public. To deter fans from breaching the contract, it carries a hefty $1 million liquidated damages clause.The agreement also allows his company to seize and destroy the content of smartphonesor other recording devices. Twitter and other contact information are requested in order to monitor help determine whether and which fans may have engaged in a breach of contract. You must sign the contract in order to attend the concert.

Please review the confidentiality and non-disclosure agreement attached. Answer the following questions.

1. Would (or should) this contract be enforceable by the courts? If yes, why? Please remember that the comedian has a legitimate interest in protecting his creative content, and the A dissipated liabilities clause is a fair estimate of the expenses that a void contract will produce.

2. Is the liquidated damages clause a good deterrent for breach? Why or why not?

Need Assistance? If you need assistance, please contact our box office at (415) 392-4400, Monday through Friday from 9:30 AM to 5:00 PM, or Saturday from 12:00 PM to 4:00 PM. Please have your order CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT In short, by signing this agreement, you are agreeing not to discuss any details of the show you are about to watch or your experiences at this event, period. This includes blogs, Twitter, Facebook, Instagram, and any/all other social media or online outlets. THIS CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT ("Agreement") is made and entered into by and between Cowardly Dog, Inc., ("Company") and/or its affiliated or related companies and clients ("Affiliates"), and the signee at the bottom of this agreement, known as the "Individual." For good and adequate consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Individual hereby agrees as follows: Individual is or will be a guest of Company at a performance event for the purpose of viewing "works-in-progress" creative content that may be associated with live or television programming and other media (the "Creative Content"). In the course of Individual's viewing of the Creative Content, Individual will acquire or may be exposed to information (including, without limitation, information that is written, oral, performed live, photographed or recorded on film, tape, or otherwise), as well as any as-yet unreleased creative content. Individual agrees that he/she shall not, during the term of this Agreement, or thereafter, in perpetuity, disclose or cause to be disclosed (or confirm or deny the veracity of) to any third party or use or authorize any third party to use: (1) Any information relating to the Creative Content, including jokes, stories, references, characters, plot, settings and/or other elements in the Creative Content; the business or interests of Company, or Company's Affiliates, unless and until Company or Company's Affiliates reveal the same to the general public; (2) Any information developed by, performed or disclosed to Individual by Company, Company's Affiliates, or by any third party, during the performance, unless and until the same is released by Company to the general public; (3) Any information that Company, or its Affiliates instruct Individual not to disclose or confirm. The information described in (1)-(3) is hereinafter referred to collectively as the "Confidential Information." Individual acknowledges that maintaining complete privacy and avoiding disclosure of Confidential Information are critically important to Company and its Affiliates and business partners, that Individual would not be given access to Confidential Information if Individual were not willing to agree to these terms, and protect and preserve that privacy and confidentiality, and that Individual's full and strict compliance with this Agreement is a fundamental inducement upon which Company is specifically relying in allowing Individual to view, hear or learn of the Creative Content. Confidential Information is and shall remain the sole and exclusive property of Company and its Affiliates, and, during and after the term of this Agreement, Confidential Information, even when revealed to Individual, shall be deemed to remain at all times in the sole possession and control of Company and its Affiliates. a. Without limiting any other provision hereof, Individual shall not give any interviews, offer any opinions or critiques, or otherwise participate by any means or in any form whatsoever (including but not limited to blogs, Twitter, Facebook, YouTube, Instagram, or any other social networking or other websites whether now existing or hereafter created) in the disclosure of any Confidential Information or any other information relating to this Agreement, the Creative Content, the performance or the business of Company or its Affiliates. If Individual is contacted by a journalist, a representative of the media or other third party who requests that Individual disclose or confirm or deny the veracity of any of the Information covered by this Agreement, Individual shall reject said request and/or issue a "no comment," and Individual shall immediately advise Company thereof. b. The Individual hereby agrees Company shall have the right to confiscate (including seize and destroy the contents of) cell phones, cameras, PDAs and any and all other infringing devices usably brought into the screening without Company's authorization and take all necessary measures to protect its rights. c. Individual agrees that any breach of this Agreement will cause Company and its Affiliates and business partners incalculable damages. Such damages include all costs of any nature associated with the Creative Content, as well as the incalculable creative efforts and management time necessary in creating and distributing the same. Accordingly, Individual agrees that in the event of breach of this Agreement, Individual shall pay Company, upon demand, as liquidated damages, the sum of One Million Dollars ($1,000,000), plus any actual out-of-pocket expense, as well as any attorney fees expended in enforcing this Agreement. The provisions of this Agreement shall be binding upon and shall inure to the benefit of Company, its successors and assigns and to the benefit of Individual and his or her successors and assigns. This agreement and the information you provide below will be stored as a business record and Company will enforce its rights to the fullest extent possible under applicable law in order to retain such information. If any term of this Agreement is to any extent invalid, such term shall be excluded to the extent of such invalidity and all other terms hereof shall remain in full force and effect. TO BE ELIGIBLE FOR ADMISSION, ALL LINES BELOW MUST BE COMPLETELY FILLED OUT AND FULLY LEGIBLE Print Full Legal Name ("Individual"): Email Address:_ Cell Phone Number: Signature: Twitter Name: @ Instagram Name: @ Today's Date: THANK YOU. THE STAFF WILL COLLECT THIS DOCUMENT FROM YOU SHORTLY. 0