{ "media_type": "text", "post_content": "Hey production friends. Working in house at a start up and I am editing a non-union talent contract. Curious if anyone has any language regarding confidentiality? The contract I have is old (cont...)", "post_id": "5cedac6e55b0f4001cfce952", "reply_count": 10, "vote_count": 0, "bowl_id": "5a31ad03d5c0bc001397879c", "bowl_name": "Production", "feed_type": "bowl" }

Hey production friends. Working in house at a start up and I am editing a non-union talent contract. Curious if anyone has any language regarding confidentiality? The contract I have is old (cont...)

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Dude don’t be an ass. We’re all here to help each other. I’m not a lawyer. Just asking what language other people use. Either help or scroll on

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Yeah I really don’t think ‘write it yourself’ is good advice when it comes to legal matters

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Here’s a NDA Example: MUTUAL NON-DISCLOSURE AGREEMENT THIS AGREEMENT is made effective as of December 15th, 2017, (the "Effective Date") by and between X, with offices at 300 X and with offices at (each individually a "Party" and collectively the "Parties"). WITNESSETH: WHEREAS, in connection with exploring and evaluating a possible business relationship (the "Relationship") and for the purposes of the ongoing Relationship, the Parties recognize the need to disclose to one another certain of their Confidential Information (as defined below); and WHEREAS, the Parties wish to provide the terms and conditions upon which such Confidential Information will be disclosed by one Party to the other Party hereunder; NOW, THEREFORE, the Parties agree as follows: 1."Confidential Information" means information of a confidential or proprietary nature in whatever form disclosed by one Party (the "Disclosing Party") to the other Party (the "Receiving Party")before, on or after the Effective Date hereof which relates to a Disclosing Party's business or the Relationship including without limitation business, marketing, financial and technical materials, processes, know how, information and data (including third party materials that the Disclosing Party has a duty to maintain as confidential), or which although not directly related to the Relationship, is nevertheless disclosed as a result of or in connection with the Parties' discussions of the Relationship. 2.The Receiving Party shall use the Disclosing Party's Confidential Information only for the purpose of evaluating the proposed Relationship and for the purposes of fulfilling its respective obligations under the ongoing Relationship, and will not use the Confidential Information for any other purpose, including but not limited to any use to harm or injure or to compete with the Disclosing Party or in any other way detrimental to the Disclosing Party. The Receiving Party agrees that it will not modify, reverse engineer, decompile, create other works from, or disassemble any Confidential Information of the Disclosing party unless otherwise expressly agreed in writing by the Disclosing Party. The Receiving Party shall protect such Confidential Information from disclosure to third parties, using the same degree of care used to protect its own proprietary information of like importance, but in any case using no less than a reasonable degree of care. The Receiving Party shall not alter or remove from any Confidential Information the proprietary rights legend, copyright notice, trademark or trade secret legend, or any other mark identifying the material as Confidential Information. The Receiving Party may disclose the Disclosing Party's Confidential Information to its affiliates, employees and consultants ("Representatives"), in each case if such Representatives have a need to know, and providing such Representatives (i) use the Confidential Information for the purposes of the Relationship only, and (ii) are bound to protect the Confidential Information as required hereunder. The Parties shall each be responsible for any breach of the terms of this Agreement by them or their Representatives and agree, at their sole expense, to take all reasonable measures (including but not limited to court proceedings) tor estrain their respective Representatives from prohibited or unauthorized disclosure or use of the Confidential Information. 3.The restrictions of this Agreement on use and disclosure of Confidential Information shall nota pply to information that: (a)the Receiving Party can demonstrate was in its possession or control at the time of its disclosure hereunder; (b)is or becomes publicly known, through no wrongful act of the Receiving Party; (c)the Receiving Party can demonstrate was received by such Party from a third party free to disclose it without obligation (whether contractual, legal, fiduciary or otherwise) to the Disclosing Party; or (d)the Receiving Party can demonstrate was developed independently by such Party with out reference to the Confidential Information. 4.If the Receiving Party or any of its Representatives becomes legally obligated or compelled (by deposition, interrogatory, request for documents, subpoena, civil investigative demand, other demand or request by governmental agency) to disclose the Disclosing Party's Confidential Information, it shall provide the Disclosing Party with prompt written notice of such requirement before such disclosure and shall cooperate with the Disclosing Party's reasonable efforts to obtain confidential treatment of the Confidential Information. If a protective order or other confidential treatment is not obtained or if the Disclosing Party waives compliance with the provisions here of, the Receiving Party agrees to furnish only so much of the Confidential Information that it is legally required to furnish and, where appropriate, to exercise commercially reasonable efforts to obtain written assurances that confidential treatment will be accorded to such Confidential Information. 5.Confidential Information disclosed under this Agreement (including information in computers software or held in electronic storage media) shall be and remain the property of the Disclosing Party. The Receiving Party, upon the written request of the Disclosing Party at any time, shall promptly return or destroy all tangible Confidential Information of the Disclosing Party in it spossession, and no such Confidential Information shall thereafter be retained in any form by the Receiving Party, except that each party may keep backup or archival copies of such tangible Confidential Information of the Disclosing Party for which it has a reasonable business need, provided that such backup or archival copies are kept confidential in accordance with the terms of this Agreement and are used for reference purposes only. The Receiving Party shall be fully responsible for the return or destruction of all Confidential Information disclosed to its Representatives. Disclosing Party makes no representation or warranty as to the accuracy or completeness of the Confidential Information and Receiving Party agrees that Disclosing Party and its employees and agents shall have no liability to Receiving Party resulting from any use of the Information, except as may be expressly provided in any subsequent written agreement between the Parties. 6.Without the prior written consent of the other Party, a Party will not disclose to any third party any information (including Confidential Information) regarding the Relationship, including without tlimitation the fact that discussions are occurring concerning the Relationship or any of the terms or conditions relating to the Relationship being discussed by the Parties. 3 of 3 7.The disclosure period under this Agreement shall continue for a period of two (2) years from the Effective Date unless earlier terminated. Either Party may earlier terminate this Agreement (and the disclosure period) without cause upon written notice to the other. All obligations under this Agreement relating to Confidential Information disclosed during the disclosure period will survive expiration or termination of this Agreement for a period of two (2) years from the date of such expiration or termination. 8.The term "affiliate" means any person or entity controlling, controlled by or under common control with a Party. 9.This Agreement: (a) is the complete Agreement of the Parties concerning the subject matter here of and supersedes any and all prior agreements, understandings or discussions with respect to the subject matter hereof; (b) shall not be construed to create any obligation on the part of either Party to retain the services or to compensate the other Party in any manner, except as may be set forth bya separate written agreement duly executed and delivered by the Parties; (c) may not be amended or in any manner modified except in a writing signed by the Parties; and (d) shall be governed and construed in accordance with the laws of the State of New York except its rules as to choice of law. If any provision of this Agreement is found to be unenforceable, the remainder shall been forced as fully as possible and the unenforceable provisions shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the Parties as expressed herein. Without prejudice to the rights and remedies otherwise available to the Parties, the Parties agree that money damages would not be a sufficient remedy for any breach of this Agreement by either Party or their respective Representatives and, accordingly, that either party shall be entitled to seek equitable relief, including injunctive and specific performance, if either Party or any of its respective Representatives breaches or threatens to breach any of the provisions of this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and all of which shall constitute the same Agreement. IN WITNESS WHEREOF, each of the Parties hereto has caused the Agreement to be executed by its duly authorized representative. X By: Name: Title: Date: By: Name: Title: Date:

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Thank you!!!

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You could have them all sign a NDA: non-disclosure agreement.

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And has zero language about social media sharing, etc

Yes, they have signed that. But it’s still super vague when it comes to social media and such. The NDA is companywide and goes across every single department in the company.

Then re-write it with the language you need! Spell out usage, where, on what, and for how long. It’s not that complicated.

Here’s an example: TALENT AUTHORIZATION AND RELEASE DATE:​​​​ I hereby grant X (“Producer”) and X (“agency”) X (“client”) and their respective parents, affiliates, subsidiaries, licensees, successors and assigns (herein collectively called the "licensed parties"), the right to use, publish and copyright my picture, portrait and likeness in promotions and advertising for Libman. I agree that all images and audio recordings of me used and taken by the licensed parties are owned by them and that they may copyright material containing the same. If I should receive any print, negative or other copy thereof, I will not authorize its use by anyone else. I hereby waive any right that I may have to inspect and/or approve the finished product of the advertising copy that may be used in connection therewith, or the use to which it applies. I hereby release, discharge and agree to save X (“Producer”) and X (“agency”) & X (“client”), its successors and assigns, from any liability especially by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, that may occur or be produced in taking of said pictures, or in any processing tending towards the completion of the finished product. I will indemnify upon demand X (“Producer”) and X (“agency”) & X (“client”) against any loss (including reasonable attorney’s fees and legal expenses) resulting from claims brought against it arising out of the performance of this agreement or my participation in the production and job indicated above. I have read the foregoing and fully and completely understand the contents hereof. I represent that I am over the age of eighteen years, unless this document is also signed by my parent or legal guardian. Session Fee:​X​ Buyout Fee:​X​(TV, Internet, and Industrial Usage) Usage Specification: TERMS: 3 Years buyout to begin with first use (All Versions and Edits). Usage will only be paid to those who appear in final produced advertising. TERRITORY: North America and its Territories, Canada and Puerto Rico. MEDIA: National – TV Broadcast, Internet, Industrial, Banner Ads (Images pulled from commercial shoot footage) 1x:30 TV, 1x:15 TV Lift, 1x:30 Alt. TV, Note: Only 1x:30, 1x:15 lift TV will air. The Alt. is for the roughcut purposes only PLEASE PRINT: Talent Name​​​Age (If Minor)​Phone#​​Social Security Number Street Address City​​​​​State​​​​Zip ​​​​​​​​​​​ Talent Signature​​​​​​Date Guardian’s Signature​ (if applicable)​​​ ​​Phone#

If you need confidentiality, then use a NDA.

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