Consumer Law, Warranties Confidentiality Clause and Indemnification

[AConcernedMom]

My jurisdiction is: Maryland USA

19 year old entering into an independent contractor contract/agreement to fundraise monies on behalf of a political fundraising organization. Confidentiality Clause to expire 3 years after the end of contract. I think that that is too long. I recommended that it ended at end of contract or one year after end of contract.
Also, indemnification clause: neither party will be held liable by the other party for any loss or damage (whether direct,indirect, or consequential) that may arise from providing the fundraising services. Is this a wise decision? 19 year old is a full-time college student and not able to obtain liability insurance. thank you. AConcernedMom

 

[Michael Wechsler]

I agree - three years is a long time. The indemnity clause is standard (so it seems) and if you have it reciprocal (both parties equal) that is good. The indemnity is rather standard - if something you do causes a serious problem (and to be sued, it would have to be very serious and you'd know about it) then you would be liable to pay for the costs of enforcement, etc. They also won't sue someone who is judgment proof (can't get blood from a stone.) If you have any leverage, you should get that NDA down to a year, which is standard. Otherwise, I wouldn't worry about it too much but make sure it is a "standard" NDA - we have some examples here in our free legal forms area.