Creative agencies such as marketing firms, website developers, and advertising and design groups can often be reluctant to approach the issues of confidentiality and intellectual property rights ownership with prospective business clients. Those who set agency policies may feel that asking for a nondisclosure agreement (NDA) is too off-putting during business development discussions – as if bringing up such matters might sully the burgeoning trust that is being established in the working relationship and create an uncomfortable tension. Others feel that such agreements aren’t actually enforceable (yes, they are), or that a prospective client will always refuse to sign them (some will sign, some won’t). While some of these concerns are well founded, there are good reasons why creative agencies should still pursue a nondisclosure agreement. Let’s take a look at three of those reasons, below. Three Reasons Your Agency Should Utilize a Nondisclosure Agreement First, a nondisclosure agreement sends the professional message that the Agency respects the confidentiality of all parties involved. Integrity always makes a company shine brighter, don’t you think? How can an NDA protect everyone? Simply make the confidentiality provisions mutual so that both the client and the Agency are protected. In this way, the Agency’s client feels valued and is also subconsciously reminded that he or she is working in a private relationship. Secondly, an NDA offers a convenient opportunity to address rights ownership issues in writing prior to a pitch, proposal, or a new business discussion. Many agencies worry about protecting their intellectual property during the new business process as well. A mutual nondisclosure agreement can include helpful language about the Agency’s rights to the concepts and work it discloses, prior to actual engagement by the client. Thirdly, a [...]