a good NDA template

looking for a good NDA template since i'm starting to branch out and i need some additional members on the team. i've got a couple people willing to help alpha test what i have so far but i do want to cover my ass.

so, anyone have any links to a good boilerplate NDA that can be used for game creation? specifically one that deals with individuals and not companies (though i could create a "company name" if i need to but that would seem a little pompous imo since i don't have a beta, it's just an alpha atm.)

 

If you are getting people to sign NDAs and really want them to stand up - it might be best to talk to a lawyer, but it will be an expense. I've seen problems before with copy and paste NDAs before not really being worth the paper they were printed on ( rl wise ). Just a thought

 

An NDA (or any business contract for that matter) is only worthwhile if you have the funds and the desire to enforce it. In this country (US) taking someone to court can cost roughly $50K - $100K. A typical attorney will want half that as a retainer to get started and even if you win your case it could take years (and more expense) to collect your settlement.

My advice? Definitely get a written NDA but if you suspect the person you are dealing with is anything less than 100% trustworthy, find someone else to do business with.

 

Go to a local college/university and see if they have any legal clinics, or services that law students in their final year can gain practice on. (Which their supervisor looks over to ensure its all correct)

I went to one, and for $250 a group of law students basically drew up everything I needed (NDAs, articles of incorporation, tax/payroll setup, shares, resolution forms, etc).

 

I agree with bigkahuna. If you don't have the willingness or, more importantly, the finances to actually enforce your NDA, they aren't worth it.

If you don't trust the people you are thinking about working with, find someone else to work with.

 

Actually NDA is worthwhile damage limitation. Without it, you have no protection at all. People at least err on the side of caution when under an NDA no matter if it is enforced or not.

 

That's not exactly what I said, at least it's not what I meant. I definitely think getting an NDA is a good idea. It gets in writing what you and the second party are agreeing to. Getting an agreement in writing often prevents arguments later over who said what. But an NDA (or any contract) in and of itself will not protect you if things go bad.

Edit - Yup, I agree with hippocoder, too.

Absolutely, I agree 100%.

 

NDA shouldn't really specify what parties are agreeing to in terms of work, that's more for a Specification of Work order (SoW). The NDA should simply state the terms of non disclosure. You may enforce the NDA when you can prove that a party used your I.P. outside of the NDA terms.

It isn't really worth much unless you have the $ to enforce things, however, you would be very bummed if someone took your I.P. (Intellectual Property) and made an awful lot of money when you chose not to have them sign an NDA.

I'm not a lawyer but this is what mine told me (iirc)

Oh, I've got a couple of NDAs lying around and can post them if you need something to work from, or Google is your friend as always.

Best,
lim3y

edit: It's ALWAYS a good idea to have at least an NDA signed by anyone looking at your I.P. For most of us it's irrelevant but when dealing with a large(r) company I say it's a requirement.