This Graphic Design NDA is essential for protecting confidential information exchanged during graphic design projects in New Zealand. It should be used whenever a graphic designer or design agency begins work with a new client or project involving sensitive information such as unreleased branding, confidential marketing strategies, or proprietary design elements. The document ensures compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017 and Copyright Act 1994, while addressing specific concerns related to digital assets, design concepts, and creative materials. It provides comprehensive protection for both the design professional and the client, covering aspects such as usage rights, portfolio permissions, and the handling of draft designs and client materials.
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1. Parties: Identifies the parties entering into the agreement - typically the graphic designer/design company and the client
2. Background: Explains the context of the agreement, including the nature of the graphic design services and need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Design Materials', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Specifies what constitutes confidential information in the context of graphic design work
5. Confidentiality Obligations: Details the obligations to maintain confidentiality and permitted uses of confidential information
6. Security Measures: Outlines the required security measures for protecting confidential information
7. Intellectual Property Rights: Addresses ownership and rights related to any designs created during the confidential engagement
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard contractual terms including governing law, jurisdiction, and entire agreement
1. Non-Competition: Restricts the designer from working with competitors - include when working with unique or innovative design concepts
2. Non-Solicitation: Prevents the designer from soliciting client's employees or customers - relevant for longer-term engagements
3. Digital Security Requirements: Specific requirements for digital security measures - include when dealing with high-value digital assets
4. Third Party Disclosure: Rules for sharing information with subcontractors or other third parties - include when the designer may need to involve others
5. Social Media and Portfolio Usage: Guidelines for using designs in portfolios or social media - include when the client wants to control public exposure
6. International Transfer of Data: Requirements for transferring data internationally - include for clients with international operations
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Approved Security Measures: Specific security measures and protocols required for protecting confidential information
3. Schedule 3 - Authorized Personnel: List of personnel authorized to access confidential information
4. Appendix A - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
5. Appendix B - Confidentiality Acknowledgment: Form for additional team members to acknowledge confidentiality obligations
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