A Film Non-Disclosure Agreement (NDA) is used when the creators of an original film or script are sharing their concept with a third party and require the information to remain a secret for a period of their choosing.
For you to use the Film (Movie) Non-Disclosure Agreement (NDA), your idea must be original, have been requested by the third party, and intended to be disclosed for revenue generation. The agreement seeks to protect confidential details disclosed to a few people who are bound to secrecy.
Enacting a Film (Movie) Non-Disclosure Agreement (NDA) can be complex if you have revealed the film information to other people like actors or producers. However, it is wise to have a Film (Movie) Non-Disclosure Agreement (NDA) to protect your film concept.
Free Templates
Crafting a proper Film (Movie) Non-Disclosure Agreement (NDA) is essential if you are going to successfully protect your film concept from theft or ensure it remains confidential. You, therefore, need a well-written agreement, and our templates are here to help.
Writing a Film Non-Disclosure Agreement
Since it is evident that a Film (Movie) Non-Disclosure Agreement (NDA) is important in the film industry, it is necessary to learn how to write one.
Here is a list and explanation of all that should appear in a Film (Movie) Non-Disclosure Agreement (NDA):
Introductory paragraph
The Introductory Paragraph is where the disclosing and receiving party indicate their names. As the original creator of the film, you are the disclosing party. Ensure you indicate either your name or the company’s name. The third-party that is evaluating the film concept is the receiving party.
The third party can either be an investor or a producer, and their name should be indicated in the Introductory Paragraph. Also, the date when the agreement will be in effect should be included here. This date is usually when the receiving party signs the contract.
The film concept
This section mentions the film concept that has initiated the transaction between the disclosing and receiving parties. Since it is challenging to protect film ideas, there are two statements that are used to settle any disputes. These two statements are: the film ideas have been solicited, and the transaction is being conducted for payment.
Confidential information
Here, details of what has been protected against disclosure are mentioned. Since it is a document, ensure you mention that the information being shared is confidential. Even when speaking about the information, mention its confidentiality.
Non-disclosure
This part emphasizes that the information shared with the receiving party must remain in secrecy and can only be disclosed to another party if there is written consent from you as the disclosing party.
Return of materials
The clause is a promise that the receiving party will return the materials given to him or her by the disclosing party. The return of materials should happen within thirty days, but the disclosing party can change the time limit if they wish to do so.
Exclusions
Here, all the provisions and details that are not covered by this agreement are stipulated clearly. These exclusions depend on the court decisions and state laws about the type of information that does not qualify for trade secret protection.
Termination date
The clause offers the receiving party a termination date of the agreement. The information stays confidential for as little as six months or as long as one or two years in the film industry.
No rights granted
This phrase emphasizes that as the disclosing party, you are not granting the receiving party any ownership rights of the film concept or any other shared confidential information.
Warranty
This is like a promise. The disclosing party promises the receiving party that the film concept is original. The warranty phrase assures the receiving party that no other third party will sue and claim the film concept to be theirs. Also, it affirms the originality of the film concept and that the disclosing party has a right to share the information with them as the receiving party.
General provision
These various provisions are typically put together at the end of an agreement.
The general provisions are as follows:
- Relationship: this provision places a disclaimer on any other relationship other than the one defined in the agreement.
- Severability: this clause confirms that in case of a lawsuit over the agreement and a court’s ruling declares one part of the agreement as invalid, then it can be cut out and still leave the other parts of the agreement intact and valid.
- Integration: this provision confirms that the version of the agreement being signed by both parties is the final one. It also states that neither party can rely on any statements that they made in the past.
- Waiver: this clause affirms that you have a right to complain about any violations of the NDA even if you do not complain straightaway.
- Attorney Fees and Expenses: it is essential to have an attorney fee and expense provision if there is any malicious and willful theft of confidential information. With this provision, the judge is restricted from ordering an award of attorney fees during the case. However, this clause is not very welcomed by the receiving party. The receiving party is the one that gets sued and has to cover expenses in such cases. Including this clause makes the receiving party believe that you will be encouraged to litigate:
- Governing Law-any State’s law to govern the signed agreement. However, the most appropriate state for this section is where the property is found.
- Successors and Assigns-the provision binds any company that wishes or chooses to acquire either party.
Signing the agreement
The individual with the required authority should sign the agreement on behalf of each party. Each party must sign two copies and keep one to each have an original copy of the agreement.
In case confidential information according to the Film (Movie) Non-Disclosure Agreement (NDA) is disclosed, one should contact a lawyer to seek advice about the best way to remedy the breach of contract.
Final Words
A Film (Movie) Non-Disclosure Agreement (NDA) is an important document as it protects your original film concept as the writer of the content. It ensures that any information that you disclose to a third party remains confidential and safe from theft. In the film industry, it can be challenging to protect film ideas. Therefore, ensure that any information that must remain a secret is only disclosed to essential individuals bound to secrecy.
From this article, you can identify how to write a Film (Movie) Non-Disclosure Agreement (NDA) and learn what is expected of both the disclosing and receiving parties. Furthermore, check our Free Film (Movie) Non-Disclosure Agreement (NDA) Templates, which will guide you in crafting a proper agreement.