Non-Disclosure Agreements – should I sign one?

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Viewing 18 posts - 41 through 58 (of 58 total)
  • Non-Disclosure Agreements – should I sign one?
  • Premier Icon Speeder
    Subscriber

    Why isn’t anyone playing guess the bike yet?

    It’s novel enought to be subject to this after the fact NDA nonsense and is already on the market. I haven’t a clue. πŸ˜€

    wrecker
    Member

    This is your opportunity for a “settler”; if he’s made money out of it and originally promised you a slice then I’d be asking for some.
    If he refuses, I’d be tempted to patent your parts of the design and ask him for licensing fees.

    If he’s not made any money out of it, then it maybe a different matter.

    bencooper
    Member

    This is your opportunity for a “settler”; if he’s made money out of it and originally promised you a slice then I’d be asking for some.

    He paid me a final settlement instead of a share of the profits – I’m reasonably happy with that, and was happy to put the whole thing behind me until he turned up to discuss the NDA.

    It’s novel enought to be subject to this after the fact NDA nonsense and is already on the market. I haven’t a clue.

    It’s not really all that novel πŸ˜€

    bikebob
    Member

    Pretty much agree with most others. I can understand you not wantig to harm his business in any way and genuinely wanting to help him, but why have the hassle of an NDA after the event for no recompense. As we say in Yorksire, if tha does owt for nowt, tha does it for tha sen.
    Ignore it or ask for some money. If he does not want to pay, it obviously has no value to him so no need to sign.

    wrecker
    Member

    I’m reasonably happy with that, and was happy to put the whole thing behind me until he turned up to discuss the NDA.

    It still wasn’t what was agreed, and the way you have put it; you don’t seem over the moon with the arrangement if you don’t mind me saying so.

    Now he wants something from you which you have no reason to give him. I don’t think that you should feel obliged, cerainly not without a deal.

    Do you think that you have been proportionately rewarded for your contribution considering the profits gained by the other chap?

    bencooper
    Member

    Do you think that you have been proportionately rewarded for your contribution considering the profits gained by the other chap?

    Hard to say, as I don’t know sales figures for the bike – and of course it’s still selling. I think I was adequately (though not excessively) rewarded for the number of hours, parts and materials I put in.

    thecaptain
    Member

    smells funny to me. I’d be wondering what he doesn’t want you to disclose…

    wrecker
    Member

    Hard to say, as I don’t know sales figures for the bike – and of course it’s still selling. I think I was adequately (though not excessively) rewarded for the number of hours, parts and materials I put in.

    Fair enough. Just tell him you’ll sign in return for one of the bikes you helped design in lieu of profit share πŸ˜€

    Premier Icon mikewsmith
    Subscriber

    OK new offer time
    10% of his take for life (Sir Alec knew a thing or two)

    He was one of the few cast members who believed that the film would be a box office hit; he negotiated a deal for 2% of the gross royalties paid to the director, George Lucas, who received one fifth of the box office takings.

    Or Just insist that in minimum 24pt font in contrasting colours on every bit of advertising it states that “The would not have been possible with out the genius that is BenCooper” and a decal on every stay πŸ™‚

    TiRed
    Member

    As others have said, any NDA should be prospective and is there to protect intellectual property in the first instance. You have been rewarded for your input as a lump sum and settlement on future royalties. That does not, however, prevent you from disclosing that you had input into the design and original fabrication.

    In fact, in the event that the design goes on to be a huge success, it would be in your interest NOT to sign. You could then legitimately claim to have had input.

    Town bike without seatstays, and a funky chainguard, perchance? Seems to be taking off now after a slow start.

    poly
    Member

    I’d suggest he is looking for external investment in his business (or planning to sell it, or the designs) and someone has started asking the inevitable diligence questions. An NDA probably isn’t actually what he wants but he or his advisors understand so little about design and IP ownership that they think an NDA is useful. Did you have a written agreement with him at the time or at the time of the final settlement?

    bencooper
    Member

    Or Just insist that in minimum 24pt font in contrasting colours on every bit of advertising it states that “The would not have been possible with out the genius that is BenCooper” and a decal on every stay

    I like your thinking πŸ˜‰

    Town bike without seatstays, and a funky chainguard, perchance? Seems to be taking off now after a slow start.

    Yep. I’m glad it’s doing well, and I’ve certainly learned that in future for this kind of thing to just get a fixed payment agreed up front.

    Did you have a written agreement with him at the time or at the time of the final settlement?

    No, it was all done by an exchange of emails and verbally. Unfortunately.

    Thanks everyone – I’ll see what (or if) he comes back with.

    Premier Icon Leku
    Subscriber

    Tell us everything.

    Then sign it.

    Premier Icon jambalaya
    Subscriber

    No you have no obligation to sign it.

    You are bound by normal rules of confidentiality and you where paid for design work you did that design work belongs to the company you did it for / paid you. Even if it was your idea/design, that “idea/design” now belongs to the company.

    wrecker
    Member

    My worry is that there are some design tweaks that I introduced that I might want to use in future.

    Ooh which bit? The cool bike stand? (nice bike BTW)

    bencooper
    Member

    Ooh which bit? The cool bike stand? (nice bike BTW)

    Nothing that exciting πŸ˜‰

    What I usually do with things like this is design refinement – suggesting ways of making things simpler and easier to make, like changing how tubes or plates attach, stuff like that.

    peterfile
    Member

    Ben, there’s some info above ranging from barely accurate to wildly inaccurate, particularly given that no one knows of the terms of your original arrangement or settlement, or indeed the plans for your business that may involve aspects of that design.

    You are not obliged to sign the NDA, that much is correct, but I’d suggest you seek proper advice in respect of any other aspect of this (I know you’re not daft though, just felt a line had to be drawn under what is correct and what is Gordon Gecko strategies based on guesswork and assumptions) πŸ™‚

    Any interaction (or even non interaction) with the designer could have an impact on your future relationship and legal position, so this needs to be taken into consideration before you do anything.

    If he is trying to firm up his position re IP and perhaps has other people with a financial interest involved it’s probably worth exercising a bit more caution than normal to avoid doing or saying something that may prejudice your position.

    Also, a wise man once told me “Never write anything in an email that you wouldn’t be happy hearing read out in court”. πŸ˜‰

    bencooper
    Member

    Great, thanks very much for that – I’ll see what he actually wants me to sign and get some proper advice if it looks at all OTT. Cheers πŸ˜‰

Viewing 18 posts - 41 through 58 (of 58 total)

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