Common use of Myth Clause in Contracts

Myth. NDAs only apply to speaking to media – you can still speak to family, friends, supports, etc. NDAs are often so broad that survivors are prevented from sharing what happened even with family and service providers. As a result, survivors may be prevented from seeking the healing services and supports they need. In order to simply leave all these decisions in the hands of the survivor where it should be, it is best to say no to the NDA. Signing an NDA means you cannot report a crime to authorities. An NDA cannot prohibit a person from seeking criminal prosecution of a crime if they choose to do so. There are many reasons why an individual may choose not to do so including potential revictimization and discrimination – but signing an NDA is not one of them! There is no way out of an NDA once you sign it. Many NDAs that are signed are probably unenforceable because they would be seen by a court as unfair and unreasonable to the survivor. If a person regrets their NDA, they can talk to a lawyer about options and consider asking for a release from the NDA. Survivors are not impacted by signing NDAs. Conversations with survivors reveal that signing an NDA may have numerous impacts on survivors including:9 • Negative mental and physical health effects