From the course: Contracting for Creatives
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Clauses, terms, and language to look out for
From the course: Contracting for Creatives
Clauses, terms, and language to look out for
- While we've discussed what makes up a typical NDA, what are the sneaky lawyer tricks or legalese to look out for? Here are some of the most common. The first clause to look out for in NDAs is related to the parties. You need to know, and you need to make sure that you know, who you're getting into bed with. Is the NDA signed by a person on behalf of only themselves? Is it signed by a person as the representative of a company? Does that person's title clearly indicate that they have the authority to contractually obligate that company? And finally, if you read through the whole document, is there any language that indicates that more than one company is part of a party? Companies also include language that lumps their partners, affiliates, subsidiaries, and parent entities into the agreement. The second problem area in NDAs is related to the definition of confidential information. The problem is twofold. Some NDAs are vague, and do a poor job defining confidential information with…
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