Backdating training contract lacey duvalle dating
Consider your situation and put yourself in the other parties shoes, lest you be struck down or laughed out of the room.Remember, you already disclosed the information and the Recipient Party is under no contractual obligation to sign a non-disclosure agreement at this point.Even if they intended to be cautious and fair with your information, they may not have handled it like truly “” information because they weren’t yet under a contractual obligation to do so.When drafting the agreement, be sure to have candid conversations with the other party about what may have already been disclosed prior to the agreement being signed.There are a number of things that can go wrong when signing a non-disclosure agreement with a retroactive date. One possible snag in signing a backdated agreement is the potential for a breach upon signing.
Otherwise, the Recipient Party isn’t likely to sign the agreement at all, recognizing that they may be in breach the moment they put their John Hancock on it.
One of the most straightforward ways to backdate the agreement is to not backdate it at all. If you’ve already disclosed proprietary or confidential information but you’re ready to confidently move forward with the other party and all necessary conversations have taken place, one option is to draft the non-disclosure agreement with an identical effective and execution date, as is usual, but include a clause that covers past disclosures.
An example of this kind of clause from Docracy: This may not always be your best option, but if you’re fairly certain that your past disclosures have been in good hands and there’s no other reason to backdate the entire agreement, then this clause may cover all your bases.
It goes without saying that no contract should ever be signed with the intention of fraud or misconduct.
Before signing a retroactive agreement, consider all of the surrounding circumstances and draft your language accordingly.
Not only does it protect you moving forward, but it requires that the Recipient Party essentially promise that no confidential information previously discussed has been disclosed or leaked in such a way that it would have violated the terms of the agreement, had the agreement been in effect already.