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mike74

annoying NDA

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Anyway, I'm working on a game, and this artist appears interested in collaborating. He's written a few books and seems like he might be helpful. However, he is persistent that I sign an NDA and fax it to him. I already signed it for him and sent it to him as a word doc, but, noooo, he wants a fax. Does anyone know how I can fax about 7 pages of NDA junk to him without paying Kinko's ten bucks? Or, does anyone know if a word doc is acceptable as an NDA? I sort of suspect he wants to see if I'll waste my time and money at Kinko's to see if I'm serious. Mike C. http://www.coolgroups.com/zoomer/

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I'm sorry... HE'S making YOU sign an NDA? What information is he trying to keep confidential?

And anyways, no, the main thing people fax these days is stuff that needs to be signed. And I very much doubt that Kinko's will charge $10 for a 7-page fax.

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If anyone needs signing anything it is him. Also, make sure that NDA is both ways and not just you. That means both of you needs to sign the NDA. Get a lawyer to help you, if you can't afford one go to the nearest college and get help from a student in law.

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Guest Anonymous Poster
The wording in NDA form of the company I am working for provides protection to both parties. Very convenient.

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Sneftel is right. Carefully study his agreement to make sure he does not own your IP as a result of contributing his IP to the project for compensation, and, make sure there are condition of performance clauses so his productivity issues (sounds like a standard finicky artist) do not arise to hamper your production process.

Hope the art is great.

Adventuredesign

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There are two types of NDA's, one is much more severe then the other.

There is the General NDA, and the Non-Circumvent NDA.

In most cases you will use a General NDA. However if you have a Trade Secret or Patent, you will definately want to consider the Non-Circumvent NDA.

For the company to protect itself (non inclusive, consult your legal advisor)::

The Company must retain the original copy, not a facimile, scan, or otherwise reproduced signature, unless it is noterized. With Noterization, no NDA will hold up in court without significant other documentation.

The NDA must specify the legal origin of its binding, usually the company's location, or the SERVERS location. Even if the document is signed, it is still up to the discretion of international law between the host and client coutnries whether either recognizes it as a legally binding document.

NDA's can not be legally binded to a minor. In that situation, there must be a third line for the parent/gaurdian signature. Signatures are not valid unless they are verified thru state or federal identification, or notery public.

Never consider yourself protected by an NDA, unless both the host and client are of the same state, or you have verified that the wording of your NDA applies to said international legal regulations and status.



For the client to protect itself (non inclusive, consult your legal advisor)::

NDA's must have a voluntary and involuntary termination clause.

NDA's must have a prior knowlege before disclosure clause.

NDA's must have a scope of disclosure clause.

NDA's must have a destruction of materials clause.



AGAIN, make sure you consult your legal advisor thuroughly before signing. This information is in no way warrented or bindable to myself, and this post assumes that you will take such advise as is and without warentee or binding.

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I fricken hate it when other companies want an NDA signed before doing any (trivial) business. If you have important secrets then OK, but for a lot of companies it seems like they just want to cover their asses for everything. It just adds more hassle to doing simple business. Ug.

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