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Posted:  21 May 2012 17:45  
Hey All!

Does anyone use a non disclosure agreement when the submit proposals that have a large design aspect to them?  Would anyone want to share that non-disclosure agreement with me?

Posted:  22 May 2012 06:17  
It would make more sense and be infinitely more practical to just sell the design to the prospective client, and let them decide on whom to hire to execute it.  That way you get paid for your work on the design phase whether or not they decide to have you install it.  Non-disclosure agreements are largely unenforceable on the relatively modest-sized jobs for which we might use them, and there are relatively few really unique "designs" that apply to commercial interiorscape work that would merit such legal treatment.  You can copyright your design, of course, but the cost of enforcing that copyright in the case of a violation by a prospective client would be prohibitive.

Posted:  22 May 2012 15:16  
Sometimes I will write "proprietary design" on a proposal, just for the intimidation factor, knowing full well that it is probably unenforceable.  Sometimes it gives them reason to pause, but if you have an unethical person, it won't matter.


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