A Non-disclosure agreement (“NDA”) isn’t just for the rich and famous. Anyone working in your home, around your family, is going to be receiving significant confidential information about your family. Whether it is your access codes for your home, financial, medical records, or even sensitive information related to your career. An NDA will define for both you and your nanny some ground rules that will make sure you both are on the same page. Although you may not be worried about your nanny selling your life story to the press; you may very well have confidential information that should remain just that, confidential. Here are 5 key factors you should consider when preparing an NDA:
1. The NDA’s Purpose
First, understand the purpose of the NDA. A non-disclosure agreement is a legal enforceable document that protects confidential and sensitive information. The agreement is typically made between two parties, one side that has sensitive information and other is the receiver. Typically among businesses, however it is an excellent contract to have household employees sign, including your nanny.
2. Define The Confidential Information
The term confidential can be subjective. The NDA will allow you to set the ground rules and define confidential information. This is beneficial for both sides to understand what is considered confidential such as household access codes, financial, legal, and medical documents. You also do not have to define every single thing that may be confidential and can instead use a catchall clause that makes information confidential that a reasonable person would consider confidential.
3. Social Media Policy
This is your contract, so make it yours. If you do not allow your children to appear on social media, this is something that needs to be communicated. You can add a social media policy to your NDA that outlines whether or not your nanny is allowed to share photos of your children on social media.
4. Exceptions To The Confidentiality Agreement
There may be times for an authorized disclosure. Such as an emergency to obtain medical treatment. You may also want to included instances where your nanny is allowed to disclose confidential information to a third party.
So while you may pray for the best, expect the worse, is how you craft a contract, an NDA is no exception.
5. Consider The Worst-Case Scenario
This is the person you are trusting with your most valuable assets, your children. There clearly is a significant amount of trust that you are giving your nanny and you may feel uncomfortable presenting a contract with the worst case scenario, particularly at the onset on the relationship when the future looks incredibly bright. However, it is critical to outline what happens in case of a violation, indeed you should examine every possible worst-case scenario. So while you may pray for the best, expect the worse, is how you craft a contract, an NDA is no exception.
Drafting a strong Non-Disclosure Agreement that protects your family will avoid unfavorable consequences down the road. Should you desire an excellent NDA for your nanny, contact peacockesquire@gmail.com.
Legal Notice: This information is to be used solely as an example and general guide. It is not intended as legal advice. By using this information, the user hereby agrees to release and hold harmless Peacockesquire from any liability arising under or relating to this information whether arising in contract, equity, tort or otherwise.
