CONSULTING AGREEMENT
This Consulting Agreement (the Agreement) is made and entered into this 5th day of April, 2006, by and between THOMAS HARDY (hereinafter referred to as Hardy) and GOLFSMITH INTERNATIONAL, INC., a Delaware corporation (hereinafter referred to as Golfsmith).
RECITALS
WHEREAS, Golfsmith and Hardy desire to enter into this Consulting Agreement (the Consulting Agreement) whereby Hardy will provide services to Golfsmith as an independent contractor.
NOW, THEREFORE, in consideration of the promises, covenants and conditions contained herein, the parties agree as follows:
1. Confidential Information. The term Confidential Information shall mean Golfsmith products, processes and programs and any and all knowledge and information regarding Golfsmith products, processes and programs which Hardy acquires in any way while on Golfsmiths premises, from Golfsmith or from any Golfsmith employee, agent or representative. Confidential information shall include, but shall not be limited to, all such information concerning the business or affairs of Golfsmith or its affiliates or clients, all client lists, financial information, business or trade secrets, discussion guides, techniques, reports, research, all written and oral communications regarding Golfsmith products, processes and programs and marketing, financial, and costing information related thereto, whether in the form of lists, memoranda, letters, transcripts, sound or video recordings, computer software, printed materials, or other information storage or recording media.
2. Relationship. As used in this Agreement, the term Hardy means an independent contractor. The parties intend by this Agreement to effect a relationship of principal and independent contractor. The parties do not intend to create any other relationship between the parties hereto. Hardy is not an agent or partner of Golfsmith, nor is the relationship between Golfsmith and Hardy to be considered a joint venture or any other legal relationship than that specified above.
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