A Question For the Attorneys Here…

[BubsFinn]

Many years ago (at least 25) I was required to sign an NDA to work at a private event for a catering company. I wasn’t a regular employee of the caterer. I occasionally helped when they needed extra people.
They asked me to help with this event and told me about the NDA. I didn’t see the NDA until I arrived at the event and was handed a pen and the last page of the three page document.
They said, “sign here or you have to leave right now.” The money was going to be substantial for only a couple hours of work, so I signed. Let me tell you, they were smart to require the NDA.
My question is, since I was never given the full document, and I was required to sign immediately, is the NDA valid? I know signing it was probably not the wise thing to do, but my friends at the caterer assured me they had all done the same thing and it was not a big deal.

 

[Formerly Rockymtnole]

 

[ButtersHawk]

 

[goldmom]

🍿🍿🍿

 

[EasyHawk]

On the advice of counsel, I respectfully and regretfully decline to answer based on my constitutional rights.

 

[McLovin32]

 

[JWolf74]

Human centipad situation?

 

[IANDFAN]

Many years ago (at least 25) I was required to sign an NDA to work at a private event for a catering company. I wasn’t a regular employee of the caterer. I occasionally helped when they needed extra people.
They asked me to help with this event and told me about the NDA. I didn’t see the NDA until I arrived at the event and was handed a pen and the last page of the three page document.
They said, “sign here or you have to leave right now.” The money was going to be substantial for only a couple hours of work, so I signed. Let me tell you, they were smart to require the NDA.
My question is, since I was never given the full document, and I was required to sign immediately, is the NDA valid? I know signing it was probably not the wise thing to do, but my friends at the caterer assured me they had all done the same thing and it was not a big deal.

I would say if you signed it is valid. Not an attorney but, I stayed at a Holiday in last night.

 

[GOHOX69]

Many years ago (at least 25) I was required to sign an NDA to work at a private event for a catering company. I wasn’t a regular employee of the caterer. I occasionally helped when they needed extra people.
They asked me to help with this event and told me about the NDA. I didn’t see the NDA until I arrived at the event and was handed a pen and the last page of the three page document.
They said, “sign here or you have to leave right now.” The money was going to be substantial for only a couple hours of work, so I signed. Let me tell you, they were smart to require the NDA.
My question is, since I was never given the full document, and I was required to sign immediately, is the NDA valid? I know signing it was probably not the wise thing to do, but my friends at the caterer assured me they had all done the same thing and it was not a big deal.

Not valid. Period. And yes I'm an attorney. If you're in Iowa, I would happily represent you.

 

[GES4]

Many years ago (at least 25) I was required to sign an NDA to work at a private event for a catering company. I wasn’t a regular employee of the caterer. I occasionally helped when they needed extra people.
They asked me to help with this event and told me about the NDA. I didn’t see the NDA until I arrived at the event and was handed a pen and the last page of the three page document.
They said, “sign here or you have to leave right now.” The money was going to be substantial for only a couple hours of work, so I signed. Let me tell you, they were smart to require the NDA.
My question is, since I was never given the full document, and I was required to sign immediately, is the NDA valid? I know signing it was probably not the wise thing to do, but my friends at the caterer assured me they had all done the same thing and it was not a big deal.

Is it valid now? Absolutely not.

 

[ericram]

Many years ago (at least 25) I was required to sign an NDA to work at a private event for a catering company. I wasn’t a regular employee of the caterer. I occasionally helped when they needed extra people.
They asked me to help with this event and told me about the NDA. I didn’t see the NDA until I arrived at the event and was handed a pen and the last page of the three page document.
They said, “sign here or you have to leave right now.” The money was going to be substantial for only a couple hours of work, so I signed. Let me tell you, they were smart to require the NDA.
My question is, since I was never given the full document, and I was required to sign immediately, is the NDA valid? I know signing it was probably not the wise thing to do, but my friends at the caterer assured me they had all done the same thing and it was not a big deal.

Why is this coming up today?

 

[Aardvark86]

Jello shots and Russian whores?

(I'm not sure I agree with Hox's "period" but you certainly have a substantial basis to claim it's not. Also, a little late in the game to be just starting election shenanigans, don't you think?)

 

[goldmom]

Why is this coming up today?

Million Dollar Question

 

[artradley]

In my Business Law class one key component of a valid contact was a "meeting of the minds." I would say no such meeting of the minds exists in that document, so the contract is not valid.

But practical experience tells me the contract is or isn't valid depending on what a judge says.

 

[GOHOX69]

Jello shots and Russian whores?

(I'm not sure I agree with Hox's "period" but you certainly have a substantial basis to claim it's not. Also, a little late in the game to be just starting election shenanigans, don't you think?)

You cannot be obligated contractually without knowing wtf you're signing, including ndas.

 

[win4jj]

In.

 

[Aardvark86]

You cannot be obligated contractually without knowing wtf you're signing, including ndas.

Understood, though note that (i) he knew/knows it was an NDA, (ii) he knew/knows that it was a condition to the engagement, (iii) he also recognized that the compensation he was receiving was beyond market, reflecting the incremental value of the NDA to the engagement, and (iv) he was a temporary staffer rather than full time employee, diluting any potential adhesion argument. If this were a traditional employment context rather than "catering for a private event", I might think that anything he might have learned is long-since stale, and that a court or the other party might be disinclined to be strict, but somehow I get the sneaky feeling he's not being asked to protect trade secrets.

 

[jasonrann]

 

[LunchBox50]

You had my curiosity, but now you have my attention.

 

[BelemNole]

Youre the child Trump groped?!!?!

 

[Formerly Rockymtnole]

Understood, though note that (i) he knew/knows it was an NDA, (ii) he knew/knows that it was a condition to the engagement, and (iii) he also recognized that the compensation he was receiving was beyond market, reflecting the incremental value of the NDA to the engagement. If this were a traditional employment context rather than "catering for a private event", I might think that anything he might have learned is long-since stale, but somehow I get the sneaky feeling he's not being asked to protect trade secrets.

And (iv) nothing is guaranteed, period, for sure…

 

[Aardvark86]

The confidential information, or the arguing among the attorneys?

 

[SoProudNole]

Youre the child Trump groped?!!?!

Or the one Diddy drugged and viloated. Depending on the age of the OP.

 

[AuroraHawk]

Many years ago (at least 25) I was required to sign an NDA to work at a private event for a catering company. I wasn’t a regular employee of the caterer. I occasionally helped when they needed extra people.
They asked me to help with this event and told me about the NDA. I didn’t see the NDA until I arrived at the event and was handed a pen and the last page of the three page document.
They said, “sign here or you have to leave right now.” The money was going to be substantial for only a couple hours of work, so I signed. Let me tell you, they were smart to require the NDA.
My question is, since I was never given the full document, and I was required to sign immediately, is the NDA valid? I know signing it was probably not the wise thing to do, but my friends at the caterer assured me they had all done the same thing and it was not a big deal.

From what you have written:
1. Before you ever arrived to help with the event, you were told that signing a NDA was required. Thus, you understood that it involved non-disclosure of certain things.
2. You indicate that you signed the last page of a "three page document." Thus, at some point, you understood that there were three pages. When you received those three pages is likely important. Did you get them before you started working? Did you have the opportunity to review them after signing the document? (you may have ratified the agreement after the signing - no one forced you to stay and work if you found the terms objectionable) Did you ask to review the entire contract? A fair question to ask is . . . if you knew that you were signing a NDA, what did you believe it would cover?
3. You were told that employment was contingent upon signing the NDA. You signed the NDA. You received a copy of the NDA (at least it appears that you did). You accepted payment (and it sounds considerable). All of those militate strongly towards enforceablility. Put another way, you wouldn't have seen/heard what you saw/heard but for signing the NDA.
4. In contrast, did you observe illegal conduct? In whatever state this took place, there may be public policy arguments which create enforceability issues. Simply by way of extreme example, if you signed a NDA to cater a party and you observed illicit activity involving young children. I'm confident that the NDA would be unenforceable as a matter of public policy.

You ask attorneys a question and I'll provide a "lawyerly" response: It depends. I'd need to know more.

 

[GOHOX69]

Understood, though note that (i) he knew/knows it was an NDA, (ii) he knew/knows that it was a condition to the engagement, (iii) he also recognized that the compensation he was receiving was beyond market, reflecting the incremental value of the NDA to the engagement, and (iv) he was a temporary staffer rather than full time employee, diluting any potential adhesion argument. If this were a traditional employment context rather than "catering for a private event", I might think that anything he might have learned is long-since stale, and that a court or the other party might be disinclined to be strict, but somehow I get the sneaky feeling he's not being asked to protect trade secrets.

Your points are valid but as art stated, there has to be a meeting of the minds. You cannot be coerced into signing an incomplete contract, even an nda. We sign ndas every day. We can't just send off the signatory page. People would laugh at us. Rightfully so.

 

[TennNole17]

Old Diddy party?

 

[soonerinlOUisiana]

I’m curious why OP is trying to get out of the NDA.

 

[MitchLL]

Since we're mostly anonymous here...what the hell are we talking about that happened at this event?

 

[ottumwan in tx]

Old Diddy party?

25 years ago, maybe bill cosby?

 

[HawkMachine]

Holding on to this question for 25 years huh?

 

[Aardvark86]

Since we're mostly anonymous here...what the hell are we talking about that happened at this event?

Careful there. Given that this is a matter in dispute and not in an a/c relationshiop, I'd think this forum is discoverable.

 

[Aardvark86]

Your points are valid but as art stated, there has to be a meeting of the minds. You cannot be coerced into signing an incomplete contract, even an nda. We sign ndas every day. We can't just send off the signatory page. People would laugh at us. Rightfully so.

and per aurora, i don't think it's at all clear from his recitation that quit all there is to it.

 

[jamesvanderwulf]

So exactly where is Epstein’s island?

 

[MitchLL]

Careful there. Given that this is a matter in dispute and not in an a/c relationshiop, I'd think this forum is discoverable.

Since you mention that...I wonder if anything discussed/threatened/said on this site has ever ended up with law enforcement being notified/involved?

 

[ottumwan in tx]

was it bill and hillary ? if so, suicided stuff?

 

[LuciousBDragon]

Would not a dispute over any NDA lead to a “he said/she said?” They could simply say they made the complete NDA available to OP and OP simply failed to do his due diligence and signed anyway with above market-rate pay as compensation which he accepted and likely spent immediately on hookers and blow (thus damaging OP’s character). OP could find other caterer employees to corroborate but onus is on him. I would imagine the firm employing OP has the assets to find a much higher caliber lawyer to fight it anyway.

And to answer everyone’s main question - it may or may not have involved Bubbles the Chimp (that’s all my NDA allows me to say).

 

[EasyHawk]

The old dream of opening a food truck dashed due to a NDA signed 25 years ago for a part time cash grab gig?

 

[GOHOX69]

Fyi, I signed 0 documents with my prior employer. Can you dig why?

 

[luvmyhawks]

The confidential information, or the arguing among the attorneys?

We get enough arguing on this board. We want juicy details!!

 

[luvmyhawks]

Your points are valid but as art stated, there has to be a meeting of the minds. You cannot be coerced into signing an incomplete contract, even an nda. We sign ndas every day. We can't just send off the signatory page. People would laugh at us. Rightfully so.

Serious question as I am not an attorney and have never signed a NDA. But unless the first 2 pages are initialed or verified they were delivered, wouldn’t it be a he said she said type of thing?