I'm a 3D generalist who was contacted to provide models and artwork for an "AI integrated game" over the course of two months. I'm not looking for legal advice — mostly just a sanity check of sorts, I guess.
The NDA states:
- NON-COMPETITION The Receiving Party shall not, directly or indirectly, engage in any activities, businesses, or projects that compete with the Disclosing Party, or attempt to contact or engage with the clients of the Disclosing party for a period of one year following the termination of this NDA.
- TERM AND TERMINATION
4.1 Term. This NDA shall commence on the Effective Date and shall continue until 23/10/24, unless earlier terminated by the Parties. 4.2 Termination. Either Party may terminate this NDA upon written notice if the other Party breaches any material provision of this NDA.
- GOVERNING LAW This NDA shall be governed by and construed in accordance with the laws of the state of Victoria, Australia.
I live in the US. After browsing the internet, this wording seems unusually vague and restrictive considering that it effectively lasts 2 years for what is only a 2 month contract. I looked into Australian law and it seems that this is likely unenforceable, but I haven't talked to a lawyer there (nor do I have the money to pay for one at present) and I'm obviously not one myself.
I'm sure questions like this are common here, so thanks for your patience. Thanks in advance for any help!
Edit: I've just heard back from them and they agreed to update the end of term to the end of employment (effectively shortening the non-compete from 2 years to 1 year and 2 months).