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Discussion Starter #1 (Edited)
I'm possibly going to do some contract work for a company and they want me to sign a non-disclosure agreement. No problem, but this part seems kind of gibberishy. I think it's probably ok, but thought I'd check to see if you folks think it may put me at risk. (company name replaced with XXXX)

Thanks,

John

4. Consultant agrees and understands that the remedy at law for any breach by him of this Agreement will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, it is acknowledged that upon adequate proof of a violation of any legally enforceable provision of this Agreement, XXXX shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach. Nothing in this paragraph shall be deemed to limit XXXX’s remedies at law or in equity for any breach of any of the provisions of this Agreement which may be pursued or availed of by XXXX.
 

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You agree and understand that the legal actions available to XXXX, if you break your contract (spill their beans, fail to do your job correctly, take to long, etc) are not sufficient and the damages can not be taken just as a loss of revenue for XXXX, as monetary damages cannot solve all problems. If XXXX can prove that you breached your contract with them in any way, they can wack you as hard as they want, keep you as far away from their establishment and clients, via an immediate preliminary or provisional court order/injunction, but that does not limit them from suing the pants off of you, trying to get you thrown in jail, etc.

Sounds like typical corporate mumbo jumbo to me...

DISCLAIMER: I only stayed at a Holiday Inn Express last night.
 

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They obviously have clients with secrets they don't want you to talk about.

Ask them what it means and what secrets they are nervous about specifically.
 

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Thats one of those standard downloaded off the internet contracts.

Not a lawyer, but it looks like its saying they're allowed to obtain an injuction against you doing something they consider to be a breach. So the court would decide on the actions without a full scale trial, nice simple way for them to protect their stuff without the costs of a trial. it'd probably be a temporary, then the jude decides what happens, and if it becomes permanent, more english law i bet.
 

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standard NDA. it looks similar to every one i've ever had to sign. but i'm not a lawyer. it's probably worth bringing the t&c's from the consulting agreement and the NDA to your favorite member of the bar for a one hour review session. it'll be worth it.

i'm always more concerned about the service agreement. payment terms, deliverables, remedies, etc.

$0.02
 

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Discussion Starter #6
Thanks guys. Pretty much what I thought. I thought about bringing it to my lawyer but don't want to pay $200 to find it's a standard NDA. It's been my experience when consultants we hired didn't work out that it wasn't worth pursuing any remedies, although they didn't damage us - they just didn't perform.
Thanks again,

John
 

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Thanks guys. Pretty much what I thought. I thought about bringing it to my lawyer but don't want to pay $200 to find it's a standard NDA. It's been my experience when consultants we hired didn't work out that it wasn't worth pursuing any remedies, although they didn't damage us - they just didn't perform.
Thanks again,

John
are you using your paper to cover the service agreement or theirs? $200 will seem like chump change if the client tries wiggling out of paying for some portion of the work due to bad terms on your side. if i'm signing theirs i always get a review (in-house ;) ) as i don't want to get left holding the bag. i was once working for a startup telecom that ran out of money and couldn't pay me. i actualy had some language in the contract that allowed me to take their fixed assets. i ended up with a truck load of huge UPS's that i then ebayed. it's always a bowl of fruit when you work for yourself.

and don't start work without having copies of all the signed documents in your hands.

more free advice. bill weekly or bi-weekly... don't go monthly, unless it's a deal-breaker for the client.
 
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