Non Disclosure Agreement Graphic Design Template for New Zealand

This Non-Disclosure Agreement Graphic Design is essential for protecting confidential information in design projects within New Zealand's legal framework. It should be used whenever a graphic designer, design agency, or creative studio begins discussions or work with a client where sensitive information will be shared. The document covers various aspects including brand guidelines, marketing strategies, unreleased products or services, client trade secrets, and proprietary design techniques. It's particularly important in New Zealand where design work is protected under the Copyright Act 1994, and contractual obligations are governed by the Contract and Commercial Law Act 2017. The agreement ensures that both parties understand their obligations regarding confidentiality while allowing for necessary creative collaboration. It's suitable for both one-off projects and ongoing design relationships, providing clear guidelines for handling sensitive information in both digital and physical formats.

1. Parties: Identifies the parties entering into the agreement - typically the design company/designer and the client

2. Background: Sets out the context of the agreement, including the nature of the design services and why confidential information needs to be shared

3. Definitions: Defines key terms including 'Confidential Information', 'Design Materials', 'Intellectual Property', and other relevant terms

4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

5. Permitted Use and Disclosure: Specifies how and when confidential information may be used or disclosed

6. Protection of Confidential Information: Details specific measures required to protect confidential information, including digital security

7. Intellectual Property Rights: Clarifies ownership and rights regarding any IP in both the confidential information and any resulting designs

8. Return or Destruction of Information: Requirements for handling confidential information upon project completion or agreement termination

9. Duration and Survival: Specifies how long the confidentiality obligations last

10. Breach and Remedies: Consequences of breaching the agreement and available remedies

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement