Aloha!
I wanted to renew a matter of concern I raised early last term once again:
The NDA's being requested of our new members may be void; the contracts lack explicit approval from the body and are unreasonable in their scope and terms. Furthermore, these over-broad anti-transparency measures conflict with regional duties and the bylaws
of our organization. This means our NDAs will be very unlikely to hold up in court, and our demand to have one signed before obtaining basic member rights may be considered an act placing each regional member under duress and into a direct conflict of interest.
This coercion of LNC members and the chilling effect on their rights and duties is repugnant to our principals. I believe these contracts are void, or otherwise unenforceable, and may in some ways be worse than having no-NDA.
I strongly advise members to seek private, independent legal advice on whether this excessive contractual instrument is enforceable — and to understand with what they are asking you to agree.
I also encourage us to adopt a proper, valid, defensible NDA which protects transparency and is actually approved by the body, rather than one drafted in secret by conflicted individuals who do not hold themselves to the same standards they propose for others.
Mahalo,
Austin Martin
R1
Ua mau ke ea o ka ʻāina i ka pono