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Random thought due to a recent experience, who is ...
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p
Random thought due to a recent experience, who is willing to sign an NDA that has an outright financial obligation for each violation (75k)+lawyer costs? Typically my NDA contains a mutual arbitration process but this potential client wanted his agreement signed or else which sounds sketchy like they are trying to milk me for a violation. Anyone else come across these sort of sketchy NDA? I can name the vendor (nyc) in PM if anyone is interested to be aware of.
s
I'd weigh what you're getting out of the deal against the 75k. generically, no, I'd never agree to that. but what is being disclosed? is it 'random business-y stuff only the client thinks is important?' forget it. Is it the Colonel's Secret Sauce? okay, maybe 75k makes sense there
a contract has to benefit both parties
s
Personally, I would pass on that simply on the basis that the client seems paraniod... I don't like paraniod clients
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p
Yea its some business "secrets" and how his platform operates etc. Sure its stuff to not disclose but putting a huge value on it and on top of that trying to underpay just makes no sense. And I tried to explain to him that I would be more comfy with my standard mutual NDA.
m
Risk reward would have to be there. I absolutely have signed NDAs like that, but the pay was stellar. Like, triple my usual rate.
p
Yea I already passed on it and wished him good luck but he has emailed me back several times stating how he just cant work with me...its bizarre.
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m
That's... yeah. Bullet dodged imo
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s
I don't mind signing tailored NDAs but I'd strike that clause for sure unless there was a corresponding up-side worth the risk. otherwise, the party suing for violation has to prove 75k of damages if they want 75k out of you sounds like you dodged a 🚄
m
Red flags are one thing, this dude sounds like a whole flag store
s
more red flags than my dating pool
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m
ZING!
s
....and at least they have an up side!
m
woke up my dog laughing lmao
p
Yea, this was a random person I had spoke to about a contract 5 YEARS ago and just randomly emailed me back from that exact email with him years back...just weirdo...funny his low rate doesnt even line up with his "75k" value concept lol
s
yeah, if his secrets are that valuable, he should be willing to pay top $$ for quality development
p
I just wanted to bring up random things that arent spoken about a lot in this very contract based CF world so people were aware of not taking stupid risks like this. And so that this guy cant take advantage of others in the community right now (aka if they see this same agreement requested)
s
you should send it back signed, but change the currency to FTX crytpocurrency
75k FTX shouldn't be aproblem
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m
LMAO
p
he has emailed me back 3 times now stating how no one has ever objected to his NDA for 14 years blah blah and I havent even been responding
I think the guy is also too old to know what FTX is
m
El block'o'rama imo
s
let's all email him and object to his NDA
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DEAR SIR.
p
that would be epic
s
except then he'd probably sue you for disclosing the terms of his NDA and we'd all owe him $75k
p
lol
s
you need an NDANDA just to read the NDA
s
better yet... add a '-' before the amount so that he owes you 75k everytime you tell his secrets
it's so small, he probably won't even notice until it's to late!
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In seriousness though, if the money was right and I did chose to sign and NDA that had a clause like that, I would make sure there is at least a limit on how much I could be held liable for (ie, $75k per instance not to exceed $XXXXX)....and I would talk to a lawyer and my liability insurance to ensure that limit is covered by my LLCs proffesional liability insurance. For me this is because I own a firm with multiple developers so if any of my workers leaked secrets, I would want to make sure I was covered.
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