Ridiculous NDA's...edit them or reject them?

[implmex]

Hi metalmadness:
You wrote:
"Why would this company "own you"? What does it specifically state that you are concerned about?"

Here you go, an attached snip from the NDA​...this is from Clause 5..."Further Assurances"
Notice the bit at the end where they can just come in, assign themselves Power of Attorney, and do whatever they want pursuant to their own interest, and they can pick whoever they want to do it if they don't feel like doing it themselves.

They want me to agree to this so I can have the great privilege of helping them out with their technical problems.
Pretty ballsy if I do say so myself!

Cheers
Marcus
www.implant-mechanix.com
www.vancouverwireedm.com

 

[lucky7]

That last snipped is full on fuck off and don’t even think about coming back.

Predator. And not even sophisticated.

Good decision walking away...

L7

 

[metalmadness]

That last snipped is full on fuck off and don’t even think about coming back.

Predator. And not even sophisticated.

Good decision walking away...

L7

Yea holy fuck I was gonna say the same thing. I wouldn't even bother attempting to get them to actually change things (they already said they wouldn't)....i would run as far away from that company as humanly possible.

Then, when I feel remotely safe from their clutches I would warn my friends not to do business with such a predatory company and then I would probably post some shit on social media to deter others from working with them. And report them to the BBB.

Im sorry, but that is next level ridiculous. It is probably not enforceable in the way they think it is but nevertheless I wouldn't touch that with a 10 ft pole.

 

[metalmadness]

Here is just another reason to 'read the fine print'...I wouldn't be surprised if many people have been taken in by blindly signing shit. My wife gets annoyed at me for reading leases thru and thru. For good reason. LOL and then she actually spent half a day reading the Terms and Conditions of various mobile apps. That was fun...

 

[implmex]

Hi again metalmadness:
You wrote:
"Here is just another reason to 'read the fine print'...I wouldn't be surprised if many people have been taken in by blindly signing shit"

Yeah, well they expected ME to sign it and they acted all hurt and surprised when I wouldn't.

Interestingly, I bet the engineering staff don't even know what they are asking for when they send stuff like this out to vendors.
This thing either came off the internet, or somebody hired a lawyer once and turned him loose to gin something up, and then never read what he wrote.
I wouldn't be surprised if I was the very first vendor to object...don't forget they are TINY and they don't even have their website finished yet.

I'm still awaiting a response from them...if I get one I'll post again.

BTW I loved your post #62, lucky7...“stop letting them rent space in your head” .I've reached the point where it's more of an entertainment for me rather than any serious business prospect, so I'm humouring myself by continuing with it.

Cheers

Marcus
Implant Mechanix • Design & Innovation > HOME
Vancouver Wire EDM -- Wire EDM Machining

 

[triumph406]

Then, when I feel remotely safe from their clutches I would warn my friends not to do business with such a predatory company and then I would probably post some shit on social media to deter others from working with them.

At which point they sue you for defamation, which you would likely lose. Even if you didn't loose it'll cost you maybe 6 figures to defend yourself.

And report them to the BBB.

For what exactly? Employing overly aggressive lawyers?

 

[rke[pler]

Taking a slight contrarian position I once signed a overly broad NDA that claimed anything I invented during my employment, etc. stopping just short of my first born male child. Later, in an overly expensive IP lawsuit in the federal system (not based on the NDA, it was just a part) the entire NDA/non-compete was thrown out for being overly broad and restrictive. So things like that can bite them in the ass later.

Not sayin' you should sign it, just sayin' it's unlikely to be enforceable.

 

[triumph406]

Taking a slight contrarian position I once signed a overly broad NDA that claimed anything I invented during my employment, etc. stopping just short of my first born male child. Later, in an overly expensive IP lawsuit in the federal system (not based on the NDA, it was just a part) the entire NDA/non-compete was thrown out for being overly broad and restrictive. So things like that can bite them in the ass later.

Not sayin' you should sign it, just sayin' it's unlikely to be enforceable.

That NDA likely wouldn't fly in California in total, but again how much do you want to spend to prove the NDA is overly broad if the company wanted to enforce it?

 

[Joe Gwinn]

Hi again All:
I don't know if anyone is still interested in this saga, but I did get back another email requesting a second time that I sign the NDA as written and that drawings and models were just waiting for the signed ​NDA to go their way.
So here is a lightly redacted version of what I sent back: ...

All this reminds me of an event in the 1970s. Friends of mine had been looking for an apartment in the Baltimore, MD, area, and came back talking about this apartment complex that would not let them see a lease unless it was signed. What???

I went back to the rental office with them, wearing a suit coat (not my normal attire), and while they kept the office folk busy, I slipped into the supply closet and took a blank lease form undetected.

In the car, started reading the lease form, soon rolling on the floor laughing. It had every abuse known to man. So my advice to my friends was to flee - the landlord has just told you what kind of person he is. From later reports from people who did rent there, fleeing turned out to be a very good move, for lots of reasons.