Agreement Template / December 6, 2018 / Heather Patrick
Obviously a basic form contract is unlikely to cover all the bases for things like international joint ventures multi-level sales agency relationships or insurance services. These are agreements where the costs of an attorney are justified. Another downside to using an employment agreement template is the potential for building inflexibility into your business. In particular employment law changes may invalidate or make an existing agreement out of date. If you use the same job template for hundreds of employees and the law changes you may need to go back and have them re-sign new contracts. This wont always benefit the company though it is a small risk to take to get the significant legal protections afforded by even the simplest of contracts.
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.
This part is for the benefit of the employer. By including this in the employment agreement the employee upon entering into this contract is binding himself to do the things indicated in the list of responsibilities. Any other things deemed to be important to both parties may be added into this employee agreement template. And when both parties are satisfied that their interests are equally protected they would sign and thus the agreement becomes binding to both. Of all the things that todays companies hold dear it is what happens behind company doors. Most modern companies keep trade secrets and guard them jealously. When they hire a new person the human resources department will have a slew of paperwork that has to be signed. Of these one of the most important is the confidentiality agreement.