Q: A contract I signed w/ a non-profit has an NDA. I am writing a demand for payment letter, can I send to board members?
I worked in Feb. as a freelance musician for an orchestra in Florida that now says they cannot pay what my contract says that I am owed. I am writing my pre-small-claims "demand for payment" letter & would like to cc the board to pressure them to make payment. I live in CA & would like to avoid traveling to FL for court. However, I'm concerned about this language in the contract:
"This Agreement and terms are CONFIDENTIAL and the Musician and (orchestra) are prohibited from releasing any information regarding any of the terms, including contact information, and/or pricing, fees or costs between one another to any third parties without a Subpoena or Court Order. This contractual agreement, and all information herein regarding, should not be forwarded, given or viewed by any person or party unnamed in original contractual Agreement. Violation of this clause will result in a breach of this agreement."
Does this mean I shouldn't mail my demand letter to the board members?
A: You should send it to the person listed in the Notices provision of the contract. If no Notice provision send it to the person who signed the contract on behalf of the non-profit. Do not copy the Board members.
Bruce Alexander Minnick agrees with this answer
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