Section Three - Confidentiality
In this section, we address confidentiality and how it plays a crucial role in your contracts. Regardless of the nature or duration of the work, having a robust confidentiality clause is essential for safeguarding sensitive information and demonstrating professionalism. Below, we'll walk through the key components you need to consider when drafting this part of your agreement.
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Importance of Confidentiality
2. Celebrity Confidentiality Considerations
Importance of Confidentiality
Question: Do you want to include additional confidentiality terms, such as "future business affairs"?
Recommended for contracts with a longer term, or high financial amount. Our standard Confidentiality and Use paragraph establishes that both parties must keep all information related to the agreement, services provided, and each other's businesses confidential. They can only use this information for fulfilling the terms of the agreement.
For extended protection, this "long form confidentiality", broadens the scope of confidentiality. It covers not just the information directly related to the agreement but all confidential information about the business affairs, clients, financial data, strategies, and more. It explicitly prohibits using or disclosing any confidential information about the business, past, present, or future, to anyone outside of the agreement; outlines specific scenarios where the confidentiality obligation does not apply. These include information already known before the business interaction, public knowledge not due to a breach by the receiving party, information received rightfully from a third party, information disclosed by the disclosing party, or information independently developed without using confidential information.
We recommend including this "long form" variation if the Parties are exchanging sensitive data or information, or high payments. It can always be deleted later.
CELEBRITY Confidentiality CONSIDERATIONS
Question: Do you want to include a clause for celebrity privacy rights?
This paragraph will be in addition to the confidentiality provision (note: we recommend selecting "long form confidentiality in the event you're working with a celebrity). This provision further extends confidentiality obligations.
This provision is most commonly used in event-based agreements (such as planning or photographing a wedding for a celebrity couple).
If you selected “Yes” above you will now see the following question:
Question: Does the celebrity reserve the right to sign off on the work before it is published?
Even if you don't regularly work with celebrities, having a provision for rare cases can be beneficial. It shows a higher level of professionalism and readiness for diverse clientele.
By integrating these confidentiality considerations into your contract, you ensure that you and your client are aligned in terms of protecting sensitive information.