May 7, 2020

Name this Contract Typeagreements incorporating all their terms by reference

This post is part of a series, Common Form.

We need a short, snappy name for contracts documented like this:

Mutual Nondisclosure Agreement

The parties agree to the terms published at https://commonform.org/waypoint/waypoint-nda/2e.

Purpose: exploring potential BuyerCo procurement of SellerCo’s widgets

Governing Law: California

Forum for Disputes: San Francisco

Term: one year

SellerCo, Inc., a Delaware corporation
Signature: John Hawker
Name: John Hawker
Title: Chief Executive Officer
Date: May 7, 2020
E-Mail: john.hawker@example.com

BuyerCo, LLC, a California LLC
Signature: Janet García
Name: Janet García
Title: Managing Member
Date: May 8, 2020
E-Mail: janet.garcia@example.com

If names come to mind, please send me an e-mail. I’ll be happy to announce whatever we end up calling these things, and very grateful for the smoothing effect on countless discussions on contract streamlining and standardization.

For prior art, the closest I know of is “confirmation” for agreements under ISDA master agreements and “statements of work” under preagreed master terms or a form published by one of the parties. We’re thinking specifically of short agreements that incorporate nearly all of their legal terms by reference to a neutral, published, standard form. For example, via permalink.

A few quick riffs:

more posts about: Drafting Contracts Law Practice

Your thoughts and feedback are always welcome by e-mail.

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