This Non-Disclosure Agreement (“Agreement”) is made and entered into as of 02 February 2025 by and between:
1.Vukosi Mashele, Media Liaison Officer for the South African Institute of Physics (SAIP), located at Building 4W, CSIR North Gate Entrance, Meiring Naude Road, Brummeria, 0184, Pretoria, South Africa (“Disclosing Party”);
2.Bongi Ndaba, located at [Address of the Other Party] (“Receiving Party”).
WHEREAS, the Disclosing Party intends to disclose certain confidential and proprietary information (the “Confidential Information”) related to a proposed television show tentatively titled “Physics in the Courtroom” (the “Show”), which will explore the intersection of physics and legal principles.
WHEREAS, the Disclosing Party and Receiving Party are considering a potential co-production agreement regarding the Show, which may include discussions about production details.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:
1. Definition of Confidential Information
For purposes of this Agreement, “Confidential Information” includes, but is not limited to:
•The concept, theme, and format of the Show.
•Scripts, outlines, and treatment documents related to the Show.
•The treatment of the Show, as described below.
•Any other information that is identified as confidential during discussions.
2. Show Treatment
The treatment of the Show “Physics in the Courtroom” is as follows:
•Concept: The Show will feature a courtroom setting where physics principles are applied to legal cases. Expert physicists will testify as witnesses, and real-life legal scenarios will be explored through the lens of physics.
•Format: The Show will be a limited TV series, with each episode presenting a different case, integrating legal analysis and scientific explanation. It allows viewers to understand complex concepts while engaging with the legal process. Additionally, there is potential for the Show to be adapted into a feature film if deemed appropriate.
•Target Audience: The Show aims to educate the public about the relevance of physics in everyday life and legal matters, appealing to both science enthusiasts and legal professionals.
3. Societal Themes
The Show will unpack several societal themes, including:
•Justice and Ethics: Exploring how scientific evidence can impact justice, with discussions on the ethical implications of using scientific findings in legal proceedings.
•Misconceptions in Science: Addressing common misconceptions about physics and its applications in everyday life and the legal system.
•Education and Public Awareness: Highlighting the importance of scientific literacy in society, particularly in understanding legal matters that involve scientific principles.
•Social Responsibility: Examining the role of scientists and legal professionals in promoting ethical standards and accountability in their respective fields.
4. Obligations of the Receiving Party
The Receiving Party agrees:
•To hold and maintain the Confidential Information in strict confidence.
•Not to disclose any Confidential Information to any third parties without the prior written consent of the Disclosing Party.
•Not to use the Confidential Information for any purpose other than evaluating or pursuing a business relationship with the Disclosing Party regarding the Show.
5. Exclusions from Confidential Information
Confidential Information does not include information that:
•Is or becomes publicly known through no breach of this Agreement by the Receiving Party.
•Was known to the Receiving Party prior to disclosure by the Disclosing Party.
•Is received from a third party without breach of any obligation of confidentiality.
6. Repurposing of Concepts
If the Receiving Party, represented by Mr/Miss/Mrs [Name], or their production company develops a similar concept or repurposes any of the Confidential Information discussed under this Agreement, the Disclosing Party reserves the right to take legal action against the Receiving Party and their affiliated production company.
7. Term
This Agreement shall commence on the date first written above and continue for a period of [two (2) years] after the date of disclosure of the Confidential Information.
8. Return of Materials
Upon the Disclosing Party’s request, the Receiving Party shall promptly return or destroy all materials containing Confidential Information.
9. No License
Nothing in this Agreement is intended to grant any rights to the Receiving Party under any patent, copyright, trade secret, or other intellectual property of the Disclosing Party.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of South Africa.
11. Entire Agreement
This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior discussions, agreements, and understandings of any kind.
IN WITNESS WHEREOF, the parties hereto have executed this Non-Disclosure Agreement as of the date first above written.
Disclosing Party:
Vukosi Mashele
Media Liaison Officer
South African Institute of Physics (SAIP)
Date: 24/02/2025
Receiving Party:
Bongi Ndaba
