Graphic Design Non Disclosure Agreement Template for United States

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Key Requirements PROMPT example:

Graphic Design Non Disclosure Agreement

"I need a Graphic Design Non Disclosure Agreement for my marketing agency to protect our client's brand assets and upcoming campaign materials, as we'll be working with multiple freelance designers over the next year starting January 2025."

Document background
A Graphic Design Non Disclosure Agreement is essential when businesses share sensitive information with designers during creative projects. This U.S.-governed document protects proprietary information including unreleased products, brand strategies, client lists, and design specifications. It's particularly crucial in situations where designers may have access to trade secrets, upcoming marketing campaigns, or competitive information. The agreement defines confidential information, establishes handling procedures, and sets forth consequences for unauthorized disclosure, all while adhering to federal and state trade secret laws.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties

2. Background: Context of the relationship and purpose of the NDA

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information

5. Obligations of Receiving Party: Duties to maintain confidentiality and permitted uses

6. Term and Termination: Duration of the agreement and termination conditions

7. Return of Confidential Information: Procedures for returning or destroying confidential information

Optional Sections

1. Non-Compete Clause: Optional clause restricting competition, subject to state-specific enforceability

2. Non-Solicitation: Optional clause preventing solicitation of employees or clients

3. Specific Project Terms: Optional section detailing terms for specific graphic design projects

Suggested Schedules

1. Schedule A - Specific Confidential Materials: Detailed list of protected materials and designs

2. Schedule B - Approved Third Parties: List of approved subcontractors or other parties who may access information

3. Schedule C - Security Protocols: Specific procedures for handling and storing confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Trade Secrets Laws: Primary federal and state laws governing trade secrets protection, including the Uniform Trade Secrets Act (UTSA) and Defend Trade Secrets Act (DTSA) of 2016

Intellectual Property Laws: Federal laws protecting creative works and intellectual property, including Copyright Act (17 U.S.C.), Digital Millennium Copyright Act (DMCA), and Trademark Law (Lanham Act)

Contract Law: Fundamental state-specific contract laws, Uniform Commercial Code (UCC), and common law principles governing contract formation and enforcement

Employment Law: State-specific employment laws and regulations, including distinctions between independent contractors and employees

Enforceability Requirements: Legal requirements for NDA enforceability, including consideration, reasonable scope and duration, geographic limitations, and clear definition of confidential information

State-Specific NDA Requirements: Varying state requirements for NDAs, including specific provisions for enforcement, non-compete clauses, and state-specific definitions of trade secrets

Electronic Signatures: Federal and state laws governing electronic signatures, including E-SIGN Act and Uniform Electronic Transactions Act (UETA)

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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