Tuesday, March 20, 2012

NC/NDA's

Just a note, NC/NDA  or (Non Circumvention, Non-Disclosure Agreements) are only good from the date signed unless the language in the contract specifies a pre-signature time frame. If an NC/NDA does spell out that it goes retroactive you probably should not be signing it.

ANY TIME YOU HAVE A NEW PERSON IN THE COMPANY/CONVERSATION THE FIRST THING THEY DO IS SIGN A NC/NDA.

Btw, if somebody puts clauses in the NC/NDA that affect business operations and or ANY negotiation points DON'T do business with that person.

NC/NDA's should be about 2-3 pages long and be about the flow of information. "Who knows what when and why".  Not who get's paid, not who can make what kind of voting, nothing that is distribution sales ect.

The other aspects of the business and who can do what should be outlined in your partnership agreement or some business document that has been discussed. The NC/NDA is basically supposed to be insurance against people stealing idea's and cutting people out. It's almost a formality but if you don't do it you can get screwed.

Example, you remember the Spring "Epic" film contest right about the time of Transformers III ? I didn't get anybody to sign a NC/NDA. I had one signed but not the other way. It is sometimes a difficult step to consider when you get overwhelmed by the person your talking to because they are a "big deal" or a "studio".

Remember: If you have a good idea, the money wants it as bad as you want the money. It may not seem that way but you have to be careful who you give your gems to. That whole "Pearls before Swine" thing.


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