Client Privacy & Confidentiality Agreements

With over-sharing on social media being so pervasive these days, it is no small wonder that many clients (whether of the famous or non-famous variety) are asking event vendors to sign confidentiality agreements. While it is certainly understandable that clients want to protect their privacy, creatives should still review the Non-disclosure Agreement, or confidentiality agreement/clauses, very carefully before they, too, sign on the dotted line.

chazcruz_cynthiaeli_53

Creative businesses often rely on images and film footage from their clients’ events and commissions in order to showcase and market their services to future prospective clients, not to mention the clout and professional respect they might receive from the community and current client base from being able to say that such-and-such was their client/commissioned project.  So when a creative business signs a Non-Disclosure Agreement or when clients insist on adding a confidentiality provision to the services contract, this means that a significant part of the creative business owner’s future marketing endeavors, and potential connected sales, could be hampered.  While it is important to make the client happy first and foremost, creative businesses should also read the NDA and confidentiality provisions to see what exactly can and cannot be used or disclosed.  There may be some wiggle room to negotiate here on using some aspects of the commissioned project for marketing purposes.  Additionally, the creative business could add a monetary component to the NDA or confidentiality clause too.

So who provides the NDA?  Typically, it is the party who wants to protect their privacy.  However, it is also very common for a client to review a vendor contract during the booking process and demand that the business add confidentiality clauses into the contract – this can also be a great opportunity for the business owner to negotiate what could be excluded from the confidentiality covenants.

It’s also a good idea to get the rest of the team members to sign the company’s own Confidentiality Agreements.  You don’t want a freelancer taking an iPhone photo and blabbing about the famous client’s wedding and getting your business into trouble, do you?  Of course not.  That would be breaching the confidentiality covenants that YOU (i.e., the business) agreed to.  As I like to say to clients (and to my kids!), better safe than sorry.

IN OTHER NEWS…

We are thrilled to launch our new Clients page! Nothing is more gratifying than receiving ebullient praise and thanks from happy clients. For more information on how we can help you with similar legal needs or custom contracts, contact us here!

{ Photo by Chaz Cruz }