The NDA (Nondisclosure Agreement)
The NDA (Nondisclosure Agreement)
A Non-disclosure agreement (NDA) will ensure that the party you will be working with on a project with will keep your confidential information secret. Basically, the parties agree to protect ideas about a project before actually entering into a formal contract for the services. So, say you’re a graphic designer. It wouldn’t be fair (or at least not wise) for a client to hire you, but refuse to tell you anything about what they need for an upcoming project, citing that it’s a secret, right? An NDA will provide a bridge between their want for secrecy and your need for pertinent information.
If you think about it, anytime you’re usually hiring a service provider to help transform your idea into reality (i.e., a product), you don’t want to give away all of your innovative ideas upfront, right? An NDA prevents that other person from sharing that idea or swiping it for themselves. An NDA will ensure that your potential collaborator or hire is legally required not to share your idea, or face a hefty financial penalty if they do.
For the convenience of my clients, I started drafting my contracts in a slightly different way than most: I break it into halves. Generally speaking, the first “half” contains the business terms: meaning you can go to town customizing this portion of the contract yourself.
The “second half”? That’s where the “legal terms” are housed- so you know clearly what must stay in.
Other than that, here is what you can generally expect in one of the templates:
intro paragraphs, so we know who the parties are, the effective date, and the purpose of the agreement
ALL of your payment and price terms (including payment schedules, timelines, refund policies deliverables, shipping and more)
a complete list of your services (when I say complete, I mean truly complete)
pesky provisions you may need but aren’t sure how to word, like confidentiality, exclusivity, creative license, and more
intellectual property terms, such as who owns what’s created (plus options for scenarios arising in the future)
paragraphs that may be awkward to talk about, such as cancellations, reschedules, no-shows, etc
all of those “legal” paragraphs that only experience in a courtroom can teach you to look for, like remedies, warranties, limitation of liability, employment status of the parties, force majeure, and more than 10 others
Contracts typically take between 6-12 hours to draft for a standard agreement, which when taken into account with the industry-standard billable hour rate, results in a value of at least $1,200 - $2,400 per template.
Congratulations on taking the most important step in protecting your business! I sincerely believe that my prior experience as a contract litigator for businesses was the best preparation I could have asked for in building strong contracts for creatives. After drafting contracts for everyone from small businesses to publicly traded corporations, and then litigating them in court, each of my contracts are drafted with the care and protection that only real life experience can get you. Each contract is drafted by a lawyer and reviewed by an industry professional with at least 3 years of professional experience before it is listed in the Creative Law Shop. Do you have any questions or concerns regarding your purchase? You can reach my team any time at firstname.lastname@example.org.