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Graphic Design NDA
"I need a Graphic Design NDA under Dutch law for my design agency working with a major retail client, with strict provisions about source file handling and portfolio usage rights, and including the option to share materials with our subcontractors."
1. Parties: Identification of the disclosing party (typically the client) and receiving party (graphic designer)
2. Background: Context of the relationship and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Design Materials', 'Project', and 'Permitted Purpose'
4. Confidentiality Obligations: Core obligations regarding non-disclosure and protection of confidential information
5. Permitted Use: Scope of allowed use of confidential information for the design project
6. Protection Measures: Security measures required to protect confidential information
7. Intellectual Property: Ownership and rights related to design materials and confidential information
8. Return or Destruction: Requirements for handling confidential information after project completion
9. Duration and Survival: Term of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Include when the designer may need to share information with subcontractors or team members
2. Client Reference Rights: Include when discussing whether the designer can reference the client in their portfolio
3. Data Protection: Include when personal data processing is involved in the project
4. Non-Competition: Include when restricting the designer from working with competitors
5. Moral Rights: Include when dealing with jurisdictions where moral rights are significant
6. Source Files: Include when specifying handling of working/source files
1. Schedule 1 - Confidential Information: Detailed list of information considered confidential
2. Schedule 2 - Project Scope: Description of the design project and permitted purpose
3. Schedule 3 - Security Measures: Specific security protocols and requirements
4. Schedule 4 - Authorized Representatives: List of personnel authorized to access confidential information
Authors
Design Materials
Deliverables
Source Files
Project
Permitted Purpose
Authorized Representatives
Client Materials
Design Services
Intellectual Property Rights
Working Files
Brand Assets
Design Concepts
Portfolio Rights
Moral Rights
Trade Secrets
Disclosing Party
Receiving Party
Affiliate
Representatives
Third Party
Confidentiality Period
Design Brief
Final Artwork
Security Measures
Commercial Purpose
Business Day
Effective Date
Term
Contract Territory
Intellectual Property
Data Protection
Non-Disclosure
Usage Rights
Portfolio Rights
Return of Materials
Destruction of Materials
Security Measures
Permitted Use
Prohibited Use
Term and Termination
Representations and Warranties
Breach and Remedies
Indemnification
Assignment
Third Party Rights
Force Majeure
Governing Law
Jurisdiction
Entire Agreement
Severability
Variation
Notices
Moral Rights
Source File Handling
Client Materials
Design Assets
Non-Competition
Non-Solicitation
Advertising
Marketing
Media & Entertainment
Publishing
Technology
Retail
Fashion
Professional Services
E-commerce
Consumer Goods
Education
Financial Services
Healthcare
Hospitality
Non-profit
Legal
Creative Services
Marketing
Procurement
Business Development
Client Services
Operations
Design Studio
Brand Management
Project Management
Graphic Designer
Creative Director
Art Director
Brand Manager
Marketing Manager
Project Manager
Legal Counsel
Procurement Manager
Design Coordinator
Client Services Manager
Business Development Manager
Creative Services Manager
Production Manager
Account Executive
Operations Manager
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