NDA says I can't leave a bad review...

[3bc53a90]

I am reviewing an NDA that a customer wants me to sign.  There is a section that mentions all comments public or private will be neutral or positive.  I'm guessing that means I couldn't leave a bad review on Upwork if the relationship went sour.  I'm considering asking her to remove this as I don't know I've seen that before.  Has any one else seen this and is it something typical of an NDA?

There is also a section that says the client will own all my work product that I develop in connection with the client.  I usually see that for employment agreements but not for a contractor. - I see now that this part is standard.

[yofazza]

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 wrote:

client will own all my work product that I develop in connection with the client

Actually, that's the default agreement. Client owns everything after they pay, unless there's additional agreement. So the client doesn't need to have that in the additional agreement.

For the positive review, no I don't think it's typical for an NDA. But so does the above. NDA is about keeping shared secrets confidential, isn't it?

[celgins]

I've never included a public/private comments section in my NDAs and I don't recall seeing a similar statement in NDAs from other parties. I would ask them to remove it.

I have a few contractual agreements that include "Ownership of Work Product" statements where the client--upon final payment--will own the work product. However, I'm not sure if ownership rights are typically included in an NDA. Ownership rights conditions are not included in my standalone NDAs.

[rekasesh · Accepted solution]

Cynthia,

Preventing freelancers from leaving real feedback is considered a form of feedback manipulation and frowned upon by Upwork.

Share this Feedback Manipulation and Building (the second half of the FAQ refers to feedback pressure tactics) with your client and have the clause removed from the NDA.