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I think both you and the author have valid points. If the contract is favorable to you, then you'll probably want to sign it. And pretty much all contracts sh
by wvenable 10y ago
I think both you and the author have valid points. If the contract is favorable to you, then you'll probably want to sign it. And pretty much all contracts should be favorable to both parties (if it isn't, then don't sign it until it is).
However an NDA isn't favorable to you on it's own. If they forget to make you sign it, then it's a slight net-positive to you. But normally you'll sign an NDA to get their business which is favorable to you and a reasonable exchange.
I think as a general sniff test, it's not a bad one. Both parties should be equally responsible and this is one way to perhaps demonstrate a lack of responsibility from the other party. Conversely, if you want someone else to sign your contract, you should follow up to make sure it happens.
- xenity7 10y agoI agree with you that often the consultant gets nothing out of the NDA (bar the case where the consultant is sharing a proprietary method). Larger consulting firms actually often include their own form of NDA in engagement letters forbidding the client from sharing work product with third parties without permission. The NDA is typically separate from the actual engagement letter in my experience, and to your point I've actually worked on projects where we signed the engagement letter but "forgot" to sign the NDA and that piece fell through the cracks We scrupulously acted as though we had though to prevent the reputational damage that would come from violating confidentiality - NDA or no NDA.