ASK & DISCUSS INDEX

4 years, 10 months ago - Marlom Tander

For an NDA to be enforceable the written and implied terms must be complied with. BEING PAID is such an implied term, in this context, even if not a written one.

For an NDA to be enforceable, the other party will need to go to court in order to enforce it.

Courts really don't like instruments that try and prevent people going to court to seek redress.

I would probably play hardball, something like :-

"Hi, you still owe me the money. You will of course be aware that the NDA is only binding if YOU have upheld your side of the contract. This includes meeting all payments.

Failure to pay within a reasonable period means you have voided the NDA, so I am no longer bound by it. The courts will reject any attempt on your part to seek enforcement.

HOWEVER, I am not taking any action yet. You have 14 days to settle your debt in full. If not settled by that time I shall commence legal action. I may also go to IMDB in order to ensure my proper credit is recorded.

Of course, once you settle, I shall continue to be bound by the NDA, in so far as is possible. Be advised that if you fail to settle promptly and I do get my credit on IMDB, you will STILL be liable for my fee. "

If the money was significant, I might seek legal advice first.

4 years, 10 months ago - Marlom Tander

Also, reading between the lines, the original writers contract might well have precluded unauthorised subcontracting. Also, the materials they gave you so you could write, probably a breach of the NDA they probably have with the producers, esp if it included unshot scripts.

If this is a correct supposition, you have them over a barrel.

4 years, 10 months ago - Adam Corres

Thank you very much Malcolm. That's brilliant advice. I was close to letting this go and putting the whole thing down to experience.

4 years, 10 months ago - Marlom Tander

Let us know how you get on :-)