NDA questions

[quackhandle]

It might be worth paying for some legal advice on this.

Could save you a fortune in the long run.

qh

[northernladuk]

I could answer that but my NDA won't let me. Sorry.

[Willapp]

Surely the point of any NDA is simply to stop you talking about this client's work with any third party. The first clause you've quoted sounds more like a non-compete or handcuff clause as it doesn't specifically restrict your contact to be regarding the work you are doing for the client. (IANAL though).

As with any legal document though it's a negotiation so you could ask for it to be amended. It then depends how much resistance you get from their legal department, how much they want your skills etc. as to whether the changes are accepted or they just find someone else who'll sign it no questions asked.

[MartinUK]

Hi, I'm a freelance animator, and I've been asked to sign a NDA and was wondering if anyone had any advice.

I've been asked to sign these a few times, and have always worried about this kind of thing:
The Recipient shall not communicate or have dealings with (or attempt to communicate or have dealings with) any customers, potential customers or business contacts of the Discloser who have been introduced to the Recipient by the Discloser after the date of this Agreement, whether directly or indirectly for a period of 12 months from the date of this Agreement, except in conjunction with the Discloser and with the Discloser’s full knowledge and approval.

Being a freelancer, I often work through third parties and I have no idea who the client is. Would I be in breech of contract if I ended up working for a client on another job for someone else which was the same as the client I had worked for on this job?

Also this is in the NDA:
The Recipient shall be liable for and shall indemnify the Discloser against any and all claims, actions, liabilities, losses, damages or expenses (including legal expenses) incurred by the Discloser which arise, directly or indirectly, out of or in connection with any breach of this Agreement by, or any acts or omissions of, the Recipient, its officers, employees or professional advisers, including without limitation any loss of profit, losses or expenses arising out of any third party demand, claim or action (including any claim alleging infringement of third part rights). All sums payable by the Recipient to the Discloser under this clause 13 shall be due and payable within 30 days of receipt of a written demand for payment.
I'm just a freelancer, I don't have any insurance for this kind of thing. Should I get it?

Thanks