Agreement Template / December 4, 2018 / Heather Patrick
When you start looking at templates you will find that there are literally dozens of them available you may need to try several of them out until you find the one that will work best for you and all of the others who are involved in the venture. Your template should include spaces for you to clearly write down the objectives of the venture clearly so that everyone can understand and agree upon them. There should be a place that covers financial contributions and who is responsible for managing them. Since the possibility of disputes is always present your agreement must include a place to cover how any disputes will be handled. This way everyone has already agreed to how these disputes are to be taken care of and cannot argue the point and cause further problems for the rest of the members of the venture. This may end up being the most important area of your agreement and should be filled out very carefully to avoid any possibility of a legal challenge. If you have never filled out one of these agreements you will find that a joint venture agreement template can make the task much easier. The majority of these templates come with a full set of instructions to help make sure that you fill out your agreement in accordance with the legal requirements of the state you plan to launch your joint venture in.
Then insert some wide ranging exceptions to this definition of confidential information that make the agreement a fair one. Typically you would tell the party that is going to receive your confidential data that they dont have to protect any of your materials if they happen to be already out there in the public domain are previously in the receiving partys possession (which means they developed the same thing on their own) or were given to the receiving party by a third party. These kinds of exceptions are important because its not fair to require the receiving party to lock up your materials if they really arent confidential to you. At the same time anything that doesnt fall within one of these exceptions really should be kept confidential because no one else is in possession of it.
It can also be used in the freelance writing world where a ghost writer is hired to produce information that will be published under another persons name as a way to ensure that the writer does not attempt to claim responsibility. The agreement should not only explain what information is to be held in the strictest confidence but what steps will be taken if there is a breach. Not only should it cover any disciplinary actions that will be taken but it may cover provisions for legal action should the breach create a situation where litigation on behalf of the client whose information has been made public. It should also explain how the confidential information should be treated and what safeguards are in place to prevent a leak.