sample non disclosure agreement for business plan

• Non-Disclosure Agreement /
• Business Plan

Business Plan Non-Disclosure Agreement

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A business plan non-disclosure agreement (NDA) is a form used by businesses to permit a 3rd party (be it a person or company) to view their business plan without the fear of the 3rd party sharing the contents of their plan with other entities. Business plans contain a massive amount of information regarding the disclosing company. The document typically includes financials, pricing, short and long-term strategies, goals, competitive advantages, and information on their customers, to name a few. In short, a company’s business plan going public could be severely damaging to their ability to compete in the market.

A business may share their business plan to those interested in purchasing their company, to investors (for the purpose of receiving funding), bankers, and lawyers, to name a few. While an NDA can go a long way in preventing their plan from going leaked to other parties, nothing is ever 100% secure. A company should only go about sharing their business plan if there is a necessary reason for doing so.

How to Write

Step 1 – Download

Save the template in PDF , WORD , or RTF .

Step 2 – Identifying the Parties

On the first line of the document, write the name of the company (or individual) sharing the business plan. If a company, the full legal name of the entity should be listed. On the next line, enter the name of the entity receiving permission to view the business plan. As before, this can be a person or a business.

Step 3 – Applicable Law

Enter the names of the county and state in which the NDA will be legally covered.

Step 4 – Signature

The only signature required for the form is that of the 3rd party. In addition to their signature, they will need to record the date in which they signed the document followed by their printed name.

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NDA Agreement Templates

New Jersey Non-Disclosure Agreement Template

An NDA establishes in writing the recipient’s agreement to refrain from disclosing the specified material to any uninvited parties or organizations. Use this New Jersey Non-Disclosure Agreement Template according to your requirements.

Virginia Non-Disclosure Agreement Template

Do you need a legally binding agreement that obligates all signatories to maintain the secrecy of certain information? The Virginia Non-Disclosure Agreement Template is available for free download at PandaDoc.

Georgia Non-Disclosure Agreement Template

Do you need a document that restrains the parties who signed it to certain information confidentiality in Georgia? Use this Georgia Non-disclosure Agreement Template.

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Arizona Non-Disclosure Agreement Template

A Non-Disclosure Agreement is a permitted document that attaches the receptions who sign it to certain data’s confidentiality. Use this Arizona Non-disclosure Agreement Template according to your requirements.

North Carolina Non-Disclosure Agreement Template

Do you need a legally binding agreement that obligates all signatories to maintain the secrecy of certain information? Get this PandaDoc North Carolina Non-Disclosure Agreement Template by downloading it.

New York Non-Disclosure Agreement

An NDA establishes in writing the recipient’s agreement to refrain from disclosing the specified material to any uninvited parties or organizations. Use this New York Non-Disclosure Agreement (NDA) Template.

Washington Nondisclosure Agreement Template

A Non-Disclosure Agreement is a legal document that binds all parties who sign it to maintain the confidentiality of certain information. Use this Washington Non-Disclosure Agreement Template as needed.

Florida Nondisclosure Agreement Template

Do you need a legal agreement that binds all parties signing to maintain the confidentiality of certain information? Get this Florida Non-Disclosure Agreement Template from PandaDoc by downloading it.

California Nondisclosure Agreement Template

An NDA establishes in writing the recipient’s agreement to refrain from disclosing the specified material to any uninvited parties or organizations. Use this California Non-Disclosure Agreement Template according to your needs.

Texas Non-disclosure Agreement Template

A Non-Disclosure Agreement is a legal document that binds the parties who signed it to certain information confidentiality. Use this professionally-written Texas Non-disclosure Agreement Template.

Delaware Non-Disclosure Agreement Template

A Non-Disclosure Agreement is a legal document that binds the parties who signed it to certain information confidentiality. Use this Delaware Non-Disclosure Agreement Template for free.

Relationship Non-Disclosure Agreement Template

This distribution agreement template is designed to help UK distributors accelerate their document signing process. Download your free copy today.

Real Estate Non-Disclosure Agreement

Trade Secret Non-Disclosure Agreement Template

Software Development Non-Disclosure Agreement

NDA Template

This NDA Agreement Template can be used between a company and a vendor or subcontractor to establish confidentiality between the two parties.

Types of NDA

NDA documents differ in terms of their type, the number of parties affected, and the jurisdiction of intended use including: 

• Unilateral / One-way. This document frees the disclosing party from any limitations on the use of confidential information while restricting the receiving party from its disclosing completely. The party intended to get the information often is not expected to share anything in return. The most common use cases are employment or seeking investments.
• Bilateral / Mutual. This type of agreement suggests both parties may share confidential information with each other and imposes equal limitations on its disclosure. Mutual NDAs are often used in product development, business cooperation, or research works.
• Multilateral. This type of agreement involves numerous parties and multiple types of private information. Unlike the two-above generic non-disclosure agreements, a multilateral NDA is often prepared for specific circumstances and with particular jurisdictions. An example is multiple companies cooperating on a single project or people working with different clients.
• Standalone. The document is represented as an independent confidentiality contract.  
• Incorporated. The NDA form supplements a more extensive pack of documents or agreements, e.g., employment agreements, partnerships, or licensing contracts.  

You also need to consider the geo factors (country, state) for your NDA to have legal enforceability. Some key ways that NDAs can differ by the state include:  

• Statute of limitations: NDA validity period may differ state by state. The most common terms of duration for an agreement range between 1-10 years.
• State laws: Some states may have specific laws regarding defamation, unconscionability, and enforceability terms.
• Confidentiality Marking: Some states may demand the information specified in an NDA to be distinctly written as ‘confidential’ or ‘proprietary’.

The best way to ensure that your NDA is legally binding and enforceable in a specific state is to use a respective non disclosure agreement template which you can find at PandaDoc.

When to Use an NDA Template

A non disclosure agreement (NDA) template comes in handy whenever you have to deal with sensitive information. These can be trade secrets, proprietary information, technical data, financial information, personal information, etc. You may need to share this information with someone or vice versa, encourage someone to share it with you. 

NDA use cases

• Business: When you enter into negotiations with a client, prospect, or partner, a mutual NDA template will help you keep your financial, product, or company information safe. 
• Human Resource Management. When a potential employee will have access to sensitive company information, a non-disclosure form can be used to protect that information during and after the hiring process.  
• Groundwork: If you are into science or perform any research work, you can use an NDA Agreement Template to ensure other researchers or investors won’t exploit your findings or share it without your consent. 
• Software Development: Signing a Software Development Non-Disclosure Agreement has become commonplace. With this, companies can comfortably discuss cooperation terms with potential service providers or supply free software trials to their clients.  
• Patents/Copyright. Having your employees and partners sign an international NDA example form is among the must-haves when it comes to protecting your patent work, copyright, and intellectual property (IP) rights.  

How to Make an NDA Legally Binding 

Creating an NDA from scratch can be daunting unless you get guidance from a professional attorney. Therefore, most people choose a template and customize it to their business case. 

Whether you use one of the PandaDoc ready-made, free NDA forms or write one on your own, you need to follow these steps to cover all the necessary aspects and create a legally binding document.

• Write the parties involved. Clearly define the disclosing and receiving parties. Each party has its name, address, and contact information.  
• Define confidential information. Specifically describe what information is considered confidential, and how it should be protected. Browse a standard NDA sample on PandaDoc to see how to get started formulating this section, or pick a free NDA example form and fill it on the go. When done, you’ll get a standard non disclosure agreement in PDF or ready to be shared online.
• State restrictions. Outline the specific restrictions on the use and dissemination of confidential information, including any limitations on the receiving party’s ability to use or disclose the information.  
• Write exclusions. Specify any exclusions from confidentiality, such as information that is already publicly available or that the receiving party can demonstrate was independently developed.  
• Define duration. Include the length of time the receiving party is bound by the agreement and the circumstances under which the NDA will terminate.  
• Write remedies for breach. Include provisions for remedies for breach of the NDA, including any legal or financial penalties that may be imposed in the event of a violation. 
• State governing law and jurisdiction. Specify which state or country’s laws will regulate potential disputes in court if any.
• Add signatures. Include signature lines for the parties involved, indicating their agreement to the terms.  

Check the PandaDoc collection of free NDA agreement templates and pick the one that fits your case. Complete it online and get a professionally written printable non-disclosure agreement which you can download in PDF or share online.

5 Reasons to Use NDA Agreement Template

Even a simple NDA template signed properly and on time can save you much trouble down the road helping you protect yourself from unauthorized use of your information. But in practice, it’s more than that. Among the reasons to use a confidentiality agreement template in your work:

• Protect confidential information. NDAs let you protect proprietary knowledge, business data, financial details, private, or any other information you want. By using a free NDA template, the parties can ensure that all sensitive information is protected and the terms of its usage are clearly defined.  
• Save time and money. Drafting a document from scratch can take up a great deal of time and can’t be done without attorney service, which can be costly. A premade template is a good foundation for your custom agreement which you can easily adjust to your use case. The PandaDoc service abounds with free NDA forms. All you need to do is just pick one that fits your needs.
• Ensure legitimacy. A professionally-written NDA template prevents you from disputes in court in case any of the parties violates the terms of the confidentiality contract.  
• Establish trust. Both parties can freely exchange information which eventually encourages negotiations and speeds up cooperation making the process comfortable and transparent.   
• Streamline document workflow. NDAs help to standardize and regulate the company document workflow between employees, partners, or clients. 

It’s important to note that, it’s always recommended to seek legal advice from an attorney to make sure that the NDA template is suitable for the specific situation and jurisdiction.

NDA Agreement FAQ

What should a non-disclosure agreement include.

A Non-Disclosure Agreement typically includes a description of the confidential information that is being shared, the restrictions on its use, and the consequences of any breach of the agreement. It also identifies the parties that come into agreement and presents their signatures. The optional elements include the exclusions from confidentiality, the duration period, and the Governing law and jurisdictions specifying which state or country’s laws will govern the NDA and where any disputes will be resolved.

What is an NDA form?

An NDA form, or Non-Disclosure Agreement form , is a legally binding document used to keep sensitive information confidential. It is a written contract involving at least two parties, a disclosing and receiving one. The document sets rules and regulations on the use of confidential information. By signing it, the parties often testify that they will keep that information secret and will not use it for any unauthorized purposes. 

What are the three types of NDA?

The three main types of NDA documents i nclude

• unilateral,
• bilateral, and
• multilateral NDAs.

These types suggest different numbers of parties involved and vary in their level of responsibilities in regard to the use of confidential information. It’s important to note that the NDA terms and conditions also differ based on the respective type of document.

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Understanding Business Plan Non-Disclosure Agreements (NDA)

Written by Dave Lavinsky

When it comes to starting or expanding a business, creating a comprehensive business plan is crucial. A business plan is a written document that outlines the goals, strategies, financial projections, and other key details of a business venture. However, sharing sensitive business information, such as trade secrets, proprietary methods, or financial data, with potential investors, partners, or employees can pose risks. That’s where a Business Plan Non-Disclosure Agreement (NDA) comes into play.

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This article will explain to you what an NDA is and provide a sample NDA. However, before discussing that, it is important to note that most investors and lenders will not sign an NDA. So,  you’ll need to keep that in mind.

Typically on the cover of a business plan , we’ll include the following:

CONFIDENTIAL 

This document includes confidential and proprietary information of and regarding [Your Company Name].  This document is provided for informational purposes only.  You may not use this document except for informational purposes, and you may not reproduce this document in whole or in part, or divulge any of its contents without the prior written consent of [Company Name]. By accepting this document, you agree to be bound by these restrictions and limitations.

While such a statement is far from 100% legal protection, it may provide dissuade readers from divulging information about your business plan and company.

What is a Business Plan Non-Disclosure Agreement

A Business Plan Non-Disclosure Agreement, also known as a Confidentiality Agreement or NDA, is a legal contract that aims to protect the confidential and proprietary information shared in the plan from being disclosed or used by third parties without authorization. It establishes a legally binding agreement between the parties involved, and it helps to ensure that the sensitive information shared in the business plan remains confidential and is not misused.

The main purpose of a Business Plan NDA is to safeguard the intellectual property and confidential information of a business. This may include, but is not limited to:

• business strategies
• financial projections
• marketing plans
• customer lists
• trade secrets
• proprietary technology
• other sensitive information that gives a business a competitive advantage 

By signing a Business Plan NDA, the recipient agrees to keep the information confidential and not to disclose, use, or exploit it for any purpose other than the intended business relationship.

What Key Elements are included in a Business Plan Non-Disclosure Agreement

A well-drafted Business Plan NDA typically includes the following key elements:

Definition of Confidential Information: Clearly specifying what information is considered confidential and protected under the agreement. This may include a broad or specific definition of confidential information, depending on the needs of the parties involved.

Obligations of the Receiving Party: Outlining the responsibilities of the recipient of the confidential information, including the duty to maintain confidentiality, restrictions on disclosure and use, and the requirement to return or destroy the information after the business relationship ends.

Permitted Disclosures: Identifying situations where the recipient may be allowed to disclose the confidential information, such as to legal or financial advisors, or as required by law.

Term and Termination: Establishing the duration of the NDA and specifying the conditions under which it can be terminated, such as by mutual agreement or by breach of the agreement.

Remedies for Breach: Outlining the consequences of breaching the NDA, such as damages, injunctive relief, or other remedies available under the law.

Governing Law and Jurisdiction: Specifying the applicable law and jurisdiction that will govern any disputes arising from the NDA.

Sample Business Plan Non-Disclosure Agreement:

Below is a sample business plan non-disclosure agreement (NDA). Since we are not lawyers, we recommend that have a lawyer review any NDAs you plan on using.

[Your Company Name]

[Recipient Name]

This Non-Disclosure Agreement (the “Agreement”) is made and entered into as of [Date] by and between Your Company Name (“Disclosing Party”) and Recipient Name (“Receiving Party”).

Definition of Confidential Information: The term “Confidential Information” shall mean any and all information disclosed by the Disclosing Party to the Receiving Party, including but not limited to business strategies, financial projections, marketing plans , customer lists, trade secrets, proprietary technology, and any other information that is not publicly available.

Obligations of the Receiving Party: The Receiving Party shall use the Confidential Information solely for the purpose of evaluating the possibility of a business relationship between the parties and shall not disclose or use the Confidential Information for any other purpose without the prior written consent of the Disclosing Party.

Permitted Disclosures: The Receiving Party may disclose the Confidential Information to its employees or advisors on a need-to-know basis, provided that such employees or advisors are bound by similar confidentiality obligations.

Term and Termination: This Agreement shall remain in effect for a period of [insert duration, e.g., 2 years] from the date of execution, unless terminated earlier by mutual written agreement or by breach of this Agreement. Upon termination, the Receiving Party shall promptly return or destroy all Confidential Information and provide written certification of such return or destruction to the Disclosing Party.

Remedies for Breach: In the event of a breach of this Agreement, the Disclosing Party shall be entitled to seek equitable relief, including but not limited to injunctive relief, as well as damages for any losses incurred as a result of the breach.

Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of [insert applicable jurisdiction such as “California”]. Any disputes arising out of or in connection with this Agreement shall be resolved exclusively by the courts of [insert applicable jurisdiction].

Entire Agreement: This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the Confidential Information.

Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

By signing below, the parties acknowledge and agree to the terms of this Agreement:

[insert name, signature and date lines]

Business Plan Non-Disclosure Agreement (NDA) Template

The business plan non-disclosure agreement is a document that restricts any individual from divulging proprietary information that is shared through a business plan. Lets say for example, that an entrepreneur is starting a new company and would like to run their idea by a colleague or friend, the only legal way for that business plan to be kept confidential is by the 3rd party to sign a non-disclosure. If after signing the agreement the Recipient of the business plan shares the information contained in it with anyone else the entrepreneur that created the business plan would be entitled to seek damages usually resulting in a monetary gain.

How to Write

Step 1 – Download in Adobe PDF or Microsoft Word (.docx) .

Adobe PDF – Microsoft Word (.docx)

Step 2 – In the 1st paragraph write the name of the business or individual that is sharing the business plan.

Step 3 – Enter the name of the person or entity that is receiving the business plan.

Step 4 – The person or entity that received the plan must sign , print , and date on the bottom of the form. After the signature of the receiving party the agreement is complete.

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NON-DISCLOSURE AGREEMENT

THIS NON-DISCLOSURE AGREEMENT ("the Agreement") dated this ________ day of ________________, ________.

____________________ of ____________________________________________________________ (the "Employer")

OF THE FIRST PART

____________________ of ____________________________________________________________ (the "Employee")

OF THE SECOND PART

BACKGROUND:

• The Employee is currently or may be employed as an employee with the Employer for the position of: __________. In addition to this responsibility or position (the "Employment"), this Agreement also covers any position or responsibility now or later held with the Employer.
• The Employee will receive from the Employer, or develop on the behalf of the Employer, Confidential Information as a result of the Employment (the "Permitted Purpose").

IN CONSIDERATION OF and as a condition of the Employer employing the Employee and the Employer providing the Confidential Information to the Employee in addition to other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

• Confidential Information
• All written and oral information and materials disclosed or provided by the Employer to the Employee under this Agreement constitute Confidential Information regardless of whether such information was provided before or after the date of this Agreement or how it was provided to the Employee.
• The Employee acknowledges that in any position the Employee may hold, in and as a result of the Employee's employment by the Employer, the Employee will, or may, be making use of, acquiring or adding to information about certain matters and things which are confidential to the Employer and which information is the exclusive property of the Employer.
• 'Business Operations' which includes internal personnel and financial information of the Employer, vendor names and other vendor information (including vendor characteristics, services and agreements), purchasing and internal cost information, internal services and operational manuals, external business contacts including those stored on social media accounts or other similar platforms or databases operated by the Employer, and the manner and methods of conducting the Employer's business;
• 'Customer Information' which includes names of customers of the Employer, their representatives, all customer contact information, contracts and their contents and parties, customer services, data provided by customers and the type, quantity and specifications of products and services purchased, leased, licensed or received by customers of the Employer;
• 'Intellectual Property' which includes information relating to the Employer's proprietary rights prior to any public disclosure of such information, including but not limited to the nature of the proprietary rights, production data, technical and engineering data, technical concepts, test data and test results, simulation results, the status and details of research and development of products and services, and information regarding acquiring, protecting, enforcing and licensing proprietary rights (including patents, copyrights and trade secrets);
• 'Service Information' which includes all data and information relating to the services provided by the Employer, including but not limited to, plans, schedules, manpower, inspection, and training information;
• 'Product Information' which includes all specifications for products of the Employer as well as work product resulting from or related to work or projects performed or to be performed for the Employer or for clients of the Employer, of any type or form in any stage of actual or anticipated research and development;
• 'Production Processes' which includes processes used in the creation, production and manufacturing of the work product of the Employer, including but not limited to, formulas, patterns, molds, models, methods, techniques, specifications, processes, procedures, equipment, devices, programs, and designs;
• 'Accounting Information' which includes, without limitation, all financial statements, annual reports, balance sheets, company asset information, company liability information, revenue and expense reporting, profit and loss reporting, cash flow reporting, accounts receivable, accounts payable, inventory reporting, purchasing information and payroll information of the Employer;
• 'Marketing and Development Information' which includes marketing and development plans of the Employer, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques and methods of obtaining business, forecasts and forecast assumptions and volumes, and future plans and potential strategies of the Employer which have been or are being discussed;
• 'Computer Technology' which includes all scientific and technical information or material of the Employer, pertaining to any machine, appliance or process, including but not limited to, specifications, proposals, models, designs, formulas, test results and reports, analyses, simulation results, tables of operating conditions, materials, components, industrial skills, operating and testing procedures, shop practices, know-how and show-how;
• 'Proprietary Computer Code' which includes all sets of statements, instructions or programs of the Employer, whether in human readable or machine readable form, that are expressed, fixed, embodied or stored in any manner and that can be used directly or indirectly in a computer ('Computer Programs'); any report format, design or drawing created or produced by such Computer Programs; and all documentation, design specifications and charts, and operating procedures which support the Computer Programs; and
• Confidential Information will also include any information that has been disclosed by a third party to the Employer and is protected by a non-disclosure agreement entered into between the third party and the Employer.
• Information that is generally known in the industry of the Employer;
• Information that is now or subsequently becomes generally available to the public through no wrongful act of the Employee;
• Information rightly in the possession of the Employee prior to the disclosure to the Employee by the Employer;
• Information that is independently created by the Employee without direct or indirect use of the Confidential Information; or
• Information that the Employee rightfully obtains from a third party who has the right to transfer or disclose it.
• Obligations of Non-Disclosure
• Except as otherwise provided in this Agreement, the Employee must not disclose the Confidential Information.
• Except as otherwise provided in this Agreement, the Confidential Information will remain the exclusive property of the Employer and will only be used by the Employee for the Permitted Purpose. The Employee will not use the Confidential Information for any purpose that might be directly or indirectly detrimental to the Employer or any associated affiliates or subsidiaries.
• The obligations to ensure and prevent the disclosure of the Confidential Information imposed on the Employee in this Agreement and any obligations to provide notice under this Agreement will survive the expiration or termination, as the case may be, of this Agreement and those obligations will last indefinitely.
• the Employee has informed such personnel of the confidential nature of the Confidential Information;
• such personnel agree to be legally bound to the same burdens of non-disclosure and non-use as the Employee;
• the Employee agrees to take all necessary steps to ensure that the terms of this Agreement are not violated by such personnel; and
• the Employee agrees to be responsible for and indemnify the Employer for any breach of this Agreement by their personnel.
• to a third party where the Employer has consented in writing to such disclosure; and
• to the extent required by law or by the request or requirement of any judicial, legislative, administrative or other governmental body.
• Avoiding Conflict of Opportunities
• It is understood and agreed that any business opportunity relating to or similar to the Employer's current or anticipated business opportunities coming to the attention of the Employee during the Employee's employment is an opportunity belonging to the Employer. Accordingly, the Employee will advise the Employer of the opportunity and cannot pursue the opportunity, directly or indirectly, without the written consent of the Employer.
• Without the written consent of the Employer, the Employee further agrees not to directly or indirectly, engage or participate in any other business activities which the Employer, in its reasonable discretion, determines to be in conflict with the best interests of the Employer.
• Ownership and Title
• The Employee acknowledges and agrees that all rights, title and interest in any Confidential Information will remain the exclusive property of the Employer. Accordingly, the Employee specifically agrees and acknowledges that the Employee will have no interest in the Confidential Information, including, without limitation, no interest in know-how, copyright, trademark or trade names, notwithstanding the fact that the Employee may have created or contributed to the creation of that Confidential Information.
• The Employee does hereby waive any moral rights that the Employee may have with respect to the Confidential Information.
• was developed without the use of any equipment, supplies, facility or Confidential Information of the Employer;
• was developed entirely on the Employee's own time;
• does not relate to the actual business or reasonably anticipated business of the Employer;
• does not relate to the actual or demonstrably anticipated processes, research, or development of the Employer; and
• does not result from any work performed by the Employee for the Employer.
• The Employee agrees to immediately disclose to the Employer all Confidential Information developed in whole or in part by the Employee during the term of the Employment and to assign to the Employer any right, title or interest the Employee may have in the Confidential Information. The Employee agrees to execute any instruments and to do all other things reasonably requested by the Employer (both during and after the term of the Employment) in order to vest more fully in the Employer all ownership rights in those items transferred by the Employee to the Employer.
• The Employee agrees and acknowledges that the Confidential Information is of a proprietary and confidential nature and that any disclosure of the Confidential Information to a third party in breach of this Agreement cannot be reasonably or adequately compensated for in money damages and would cause irreparable injury to the Employer. Accordingly, the Employee agrees that the Employer is entitled to, in addition to all other rights and remedies available to it at law or in equity, an injunction restraining the Employee and any agents of the Employee, from directly or indirectly committing or engaging in any act restricted by this Agreement in relation to the Confidential Information.
• Return of Confidential Information
• may contain or be derived from ideas, concepts, creations, or trade secrets and other proprietary and Confidential Information as defined in this Agreement; or
• is connected with or derived from the Employee's services to the Employer.
• In the event that the Employee is required in a civil, criminal or regulatory proceeding to disclose any part of the Confidential Information, the Employee will give to the Employer prompt written notice of such request so the Employer may seek an appropriate remedy or alternatively to waive the Employee's compliance with the provisions of this Agreement in regards to the request.
• If the Employee loses or makes unauthorized disclosure of any of the Confidential Information, the Employee will immediately notify the Employer and take all reasonable steps necessary to retrieve the lost or improperly disclosed Confidential Information.
• Any notices or delivery required in this Agreement will be deemed completed when hand-delivered, delivered by agent, or seven days after being placed in the post, postage prepaid, to the parties at the addresses contained in this Agreement or as the parties may later designate in writing.
• Name: ____________________ Address: ____________________________________________________________
• Representations
• In providing the Confidential Information, the Employer makes no representations, either expressly or impliedly as to its adequacy, sufficiency, completeness, correctness or its lack of defect of any kind, including any patent or trademark infringement that may result from the use of such information.
• Termination
• This Agreement will automatically terminate on the date that the Employee's Employment with the Employer terminates or expires, as the case may be. Except as otherwise provided in this Agreement, all rights and obligations under this Agreement will terminate at that time.
• Except where a party has changed its corporate name or merged with another corporation, this Agreement may not be assigned or otherwise transferred by either party in whole or part without the prior written consent of the other party to this Agreement.
• This Agreement may only be amended or modified by a written instrument executed by both the Employer and the Employee.
• Governing Law
• This Agreement will be construed in accordance with and governed by the laws of the State of Alabama.
• General Provisions
• Time is of the essence in this Agreement.
• This Agreement may be executed in counterpart.
• Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
• The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity will not affect the operation of any other part of this Agreement.
• The Employee is liable for all costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by the Employer in enforcing this Agreement as a result of any default of this Agreement by the Employee.
• The Employer and the Employee acknowledge that this Agreement is reasonable, valid and enforceable. However, if a court of competent jurisdiction finds any of the provisions of this Agreement to be too broad to be enforceable, it is the intention of the Employer and the Employee that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, bearing in mind that it is the intention of the Employee to give the Employer the broadest possible protection against disclosure of the Confidential Information.
• No failure or delay by the Employer in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.
• This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the Employer and the Employee.
• This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise.

IN WITNESS WHEREOF ____________________ and ____________________ have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

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What is a Non-Disclosure Agreement (NDA)?

A Non-Disclosure Agreement (NDA) is a binding contract that requires all signing parties to keep specific information confidential. Non-Disclosure Agreements are common in business and professional settings.

When a recipient of confidential information signs an NDA, it creates a written record that they agree to not reveal the specified information to any unauthorized people or organizations. If a recipient fails to keep the information private, the disclosing party may have the grounds to take legal action against them.

A Non-Disclosure Agreement is also called a/an:

• NDA contract
• Confidentiality agreement
• Confidential disclosure agreement

Although Non-Disclosure Agreements can be used in a variety of situations, our template is ideal for people navigating employment and business relationships where confidential information is being shared.

What can I use a Non-Disclosure Agreement for?

An NDA can be used in a variety of situations, such as the following scenarios:

1. Hiring an employee

If you're hiring an employee who will have access to confidential information on the job, have them sign an NDA before hiring. This is especially important if some sensitive details will be discussed before the candidate becomes an employee. Confidential information could include your business' marketing strategies, customer data, future ideas, and more.

A Non-Disclosure Agreement can protect you and your business interests by deterring your employees from sharing or misusing confidential information. If the employee breaches the agreement, you have the right to take legal action against them.

Alternatively, if you don't want to create NDAs for your employees, and won't need to discuss any trade secrets prior to hiring, you can include confidentiality clauses in Employment Agreements that will protect your sensitive business information.

2. Hiring a contractor or consultant

If you're hiring a contractor or consultant who will have access to confidential business information while working with you, have them sign an NDA beforehand.

Like with employees, contractors and consultants may need access to your business's marketing strategies, customer data, or more to perform their role. With NDAs, you can provide them with the information they need to succeed while protecting your interests.

In addition, ensure you always use Independent Contractor Agreements and Consulting Agreements when hiring contractors and consultants.

3. Selling a business

If you're selling all or part of your business through the sale of shares or assets, a prospective buyer may complete their due diligence by requesting to see your financial books or other confidential records. Before you disclose anything, present them with an NDA and ask them to sign.

When selling a business , confidential information can include knowledge or documentation relating to employees, trade secrets, clients, profits, or losses.

4. Discussing an invention or idea

If you plan to discuss an invention or piece of intellectual property with someone, have them sign an NDA before disclosing any information.

To evaluate an invention, investors or potential buyers often require access to confidential information about it before deciding whether they want to be involved. An invention could be a:

A Non-Disclosure Agreement allows investors, buyers, and other collaborators to make informed decisions without having the right to share or misuse your intellectual property.

Generally, you shouldn't describe an invention in an NDA to ensure that the evaluator can't read the agreement, gain knowledge about your invention, and refuse to sign. By excluding a description, the evaluator must sign the NDA before disclosing any information about the invention. The mere description of your invention could allow someone else to steal your idea.

Why are Non-Disclosure Agreements important?

Creating a written Non-Disclosure Agreements is important because it can:

• Protect your interests
• Create trust during negotiations
• Prevent intellectual property theft
• Document the agreement in written form
• Provide evidence of the recipient's obligation
• Allow you to control the way your confidential information is used
• Document the recipient's understanding of the confidential nature of the information

Types of Non-Disclosure Agreements

Non-Disclosure Agreements can either be unilateral or mutual.

Under a unilateral NDA, only one party agrees not to disclose confidential information. Therefore, only the recipient is bound to confidentiality. Unilateral NDAs are also known as non-mutual or one-way NDAs. Our template only creates unilateral agreements .

Under a mutual NDA , also known as a bilateral NDA, both parties disclose and receive confidential information and protect their interests in one document. For example, a business may have to provide a contractor with customers' personal information and, in return, the contractor may disclose a trade secret about how she handles the data. If both parties want to protect their information, they can sign a mutual NDA.

If you need a mutual agreement, you can use our template to create two documents with the parties switching roles.

What types of information can I protect with a NDA?

In a Non-Disclosure Agreement, you can choose to protect the following types of information:

• Customer information , such as customer names, contact information, and purchase histories. A customer's purchase history may include descriptions of products and services they've purchased, leased, licensed, or received from your business.
• Intellectual property , such as information related to creating and selling a product or service, such as copyrights, patents, and trade secrets (including computer technology).
• Marketing, product, and service information , such as production processes, research, pricing and billing policies, and marketing and advertising techniques.
• Business operations and accounting information , such as names and contact information for the employees and employer, purchasing and internal cost information, and information related to payroll and other financial reports.

What information can't be confidential in an NDA?

Confidential information can't be common knowledge or already in the public domain . As a result, confidential information can't include the following:

• Information that is well known or public knowledge
• Information that becomes publicly known through no fault of the recipient
• Information that the recipient already knows before they receive it from the disclosing party
• Information created by the recipient through independent research without the use of the disclosing party's confidential information
• Information rightfully obtained from a third party regarding the disclosing party's business

How do I write a Non-Disclosure Agreement?

To create a Non-Disclosure Agreement, include the following information:

• The parties' names and contact information
• The length of the non-disclosure period
• The scope and definition of the confidential information
• The obligations of the Non-Disclosure Agreement
• The ownership and return information

Our Non-Disclosure Agreement template allows you to simply and effectively create a document that contains all of the necessary components of a binding NDA. Additionally, our template creates a document customized to your state's laws.

Related Documents:

• Employment Contract : Outline the rights, responsibilities, and expectations of an employment relationship.
• Purchase of Business Agreement : Outline the terms for the sale or purchase of a business.
• Consulting Agreement : Outline the terms of a given service between a consultant and a client.
• Letter of Intent : Create a framework for negotiations leading to a future binding agreement.

Personalize your Non-Disclosure Agreement template. Print or download in minutes.

Create Your Non-Disclosure Agreement

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Using an NDA when you're building a business plan

Starting a new company requires you to share your business plan with a variety of investors, banks, and potential partners. Here's how to protect your confidential information.

Find out more about business management

by   Brette Sember, J.D.

Brette is a former attorney and has been a writer and editor for more than 25 years. She is the author of more than 4...

Read more...

Updated on: April 19, 2024 · 4 min read

Creating a basic business plan

Understanding nondisclosure agreements, what to include in a nondisclosure agreement, refusal to sign a nondisclosure agreement.

Starting a business is exciting, but there are a lot of steps to take to get from brilliant idea to successful company. The most important building block of your new venture is your business plan, which you'll be sharing with a lot of people. Because of this, you'll want to use a nondisclosure agreement (NDA) to ensure your hard work and planning remains confidential.

Creating a strategic business plan not only allows you to think through every aspect of your business, it provides a tool you can use to get investors, funding, new customers, and partners.

A well-developed business plan helps you recognize and deal with many possible impediments to your success in advance. It also helps you sharpen your strategy so that you can hit the ground running. A good business plan takes weeks or months to create and requires a lot of research and planning. A basic business plan should include:

• M arket analysis and strategy. This section looks at market trends, the segment of the market you will target, and the strategies you'll use.
• C ompetitors. List the companies you see as your direct competitors and how you will differentiate yourself from them.
• Staffing and employees. You might list specific people who will join your team or identify key roles and skills you need in employees.
• Financial data. Include sales predictions, capital, debts, and more—basically all the financial details of your company.

You can create a business plan using a template or work with a legal service provider or an attorney to create one. Be sure the document is thorough and complies with your state's laws.

A nondisclosure agreement states that your business will give an individual or another business information that they agree to keep secret. If the agreement is breached , you can seek compensation. Using an NDA signals that the information you're sharing is private and critically important to your business.

An NDA is usually one-sided , meaning you're providing confidential information to the other person only. However, it could be two-sided, or mutual, if both parties are sharing confidential information with each other, such as if you're in talks with a potential partner.

Before sharing your business plan with potential investors, customers, partners, or banks, you should first have them sign an NDA , which should include the following information:

• Definition. Describe clearly what you are characterizing as confidential so that there can be no misunderstanding. Generally, you want to state that your entire business plan is confidential, as well as any supporting material you provide and any discussions you have about the business plan.
• Jurisdiction. The agreement should indicate which state's laws apply to the agreement.
• End of relationship. If you and the other party receiving the business plan decide not to work with each other and terminate your business relationship, the information you provided should be returned to you, destroyed, or deleted.
• Length of agreement. An expiration date is normally included, as NDAs cannot be open-ended.
• Ownership of the information. The NDA should make it clear that just because you're sharing information, you're not giving the receiving party any ownership rights in the information.
• Other people. The party you're sharing the business plan with may need to show it to people who work for or with them, such as their accountant or lawyer. The agreement should state that the NDA is binding on those third parties as well.
• Signatures. The agreement should be signed by you and someone from the receiving party who has legal authority to enter into the agreement. The NDA should make it clear that this person has the authority to do so and that their signature is binding on their company.

You may find that large banks or investors won't sign your NDA. This can be frustrating, but because such large funders review hundreds of business plans or pitches every month, they may see doing so as an undue burden.

To protect yourself, you could bring a digital copy of your business plan to your meeting and not allow them direct access.

Another idea is to put the business plan online behind a password, making sure to change the password often. You could also withhold as much confidential information as possible until the investor is seriously interested.

An NDA offers an important way to protect yourself as you share your business plan and seek investors or partners. Taking this extra step can ensure your ideas and data are not stolen or shared without your permission.

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• How It Works
• Sample NDA Template
• Non-disclosure (NDA)

Share business plan by using NDA agreement

If you have an idea running around in your head that refuses to go away and you want to create a startup, small business, a nonprofit or some other type of commercial enterprise, you’ll likely have heard someone tell you that you should create a business plan.

A business plan is a high-level roadmap for your business that covers many different aspects of a business such as market research, sales, target market, competitor SWOT analysis (strengths, weaknesses, opportunities, threats), human resources, financial plans and a management team.

Creating a business plan is a very useful exercise in itself because it helps you to think ahead and consider where you would like be, the potential possibilities as well as the gaps in your business. Besides internal planning purposes, some business plans are created for the purpose of seeking funding from banks, investors and other financial institutions.

On top of this, business plans can also be created for the purpose of sharing your vision and plans with potential customers, joint partners and potential buyers of the business.

For example, you may be looking at creating a joint partnership with another person or inviting another entrepreneur to join you in a key position within your startup.

Business plans often include a few key elements that are highly confidential .

• 1.1 Market strategies and analysis
• 1.2 Main competitors
• 1.3 HR/Personnel Information
• 1.4 Financial information
• 2.1 Definition of Confidential Information
• 2.2 Duration
• 2.3 No Grant of Rights
• 2.4 Authority
• 2.5 Binding on Others
• 2.6 Jurisdiction
• 2.7 Termination of Contractual Relationship
• 3 If the other party refuses to sign a NDA

Information in the business plan

Market strategies and analysis.

A business’s marketing strategies and market research is normally detailed in a business plan. Information can range from market segmentation and types of ideal customers, market trends to analyses of how marketing strategies can be used to reach these groups more effectively.

Here’s an example of a market analysis chart for a technology business plan:

Main competitors

Business plans can also contain valuable information on competitors within the market, niche or industry.

Here’s an example taken from a template business plan:

HR/Personnel Information

Human resource planning and high-level personnel information may also be listed in the business plan as illustrated from this example :

Financial information

Business plans also provide sensitive financial data such as balance sheets, projected cash flow forecasts and projected profit and loss statements.

Here’s an example of a projected cash flow graph:

Here’s another example of extremely confidential information that is normally included in a business plan. In this example, sales forecasts, current liabilities, capital and cash flow data are listed in the appendix of this example of a plan for software publishers. The full appendix is on Bplans website :

Enter the Non-disclosure agreement (NDA)

Since business plans often reveal the heart, soul and secrets of a business , you probably want to make sure that anyone that you share your business plans with will keep your information confidential.

One of the legal tools that you may find useful to help you achieve protection for your sharing of confidential information is a non-disclosure statement (NDA) .

A NDA is a contract between parties wherein the party receiving confidential information (“Receiving Party”) promises the party that is divulging information (“Disclosing Party”), to keep the information secret.

In the case of a breach, the NDA can be drafted to allow you to seek monetary remedies but more importantly, you have the opportunity to seek equitable and injunctive remedies that force the Receiving Party to stop sharing or disclosing your confidential information without your permission.

Although you may never actually enforce a NDA against another person, requiring another party to sign this kind of agreement can a great way to give advanced notice to another party that the confidentiality of the details in your business plan is vital.

You’ll probably only be looking at using a unilateral agreement, also known as a one-way NDA , unless the other party is intending to be sharing confidential information with you as well, in which case, you would use a mutual NDA .

Here are some important points to note and useful clauses that you should have in this legal document.

Definition of Confidential Information

You should include in your NDA agreement a definition of what would be considered confidential information.

You want to make sure that your definition covers all the confidential information that you intend to reveal but is also not too broad and vague as this may come across as unreasonable by certain courts.

You have to be prepared to justify why the information needs to be protected by confidentiality, if ever questioned by the courts.

For example. in Lasership, Inc. v. Watson , the court in Virginia were not happy that the scope of the definition of confidential information in the agreement before them was applied too broadly.

Confidentiality can normally extend to things such as documents, designs, sketches, analyses, source codes, marketing plans, manufacturing processes and technical procedures.

However, in your case, you should probably state that confidential information refers to all information within your business plan as well as any discussions regarding the details of the plan.

Here’s an example of a clause defining what would be considered confidential for the parties in Accuride Corp’s Confidentiality and Non-Disclosure Agreement.

Another important clause that impacts the scope and reasonableness of a NDA is the duration for which the requirement of confidentiality is imposed.

A court may consider a NDA unreasonable if the restriction on disclosure of confidential information is too long .

In Augusta Medical Complex, Inc. v. Blue Cross of Kansas, Inc. , the Kansas court was against contracts with indefinite time durations.

As most business plans are subject to ongoing change and revision as a business evolves, it’s likely that a short time duration for your agreement would be sufficient.

It’s also unlikely that you will be revealing any trade secrets when discussing your business plan but if you do intend to share trade secrets, then you can disregard the limited time duration and apply a perpetual duration requirement to protect your trade secrets.

A trade secret is entitled to confidential protection as long as it continues to remain a trade secret and efforts have been suitably made to maintain its confidentiality.

No Grant of Rights

It’s also useful to clarify that the sharing of your confidential information through your business plan does not grant any rights to the Receiving Party to the information.

Here’s an example of a clause in an agreement:

If the Receiving Party is an entity, the NDA needs to be signed by a person who is legally authorized to do so on behalf of the entity .

To cover for cases of mistake and fraudulence, you can insert a clause in your agreement that the parties affirm that the individuals signing the agreement have binding authority.

Here’s a simple clause from the Canadian Corporate Counsel Association’s Mutual Confidentiality and Non Disclosure Agreement template:

Binding on Others

The Receiving Party may wish to consult with their attorney, accountant or other third parties to determine if your business plan makes sense and is viable.

To enable them to carry out their consultation without sacrificing your confidentiality, you can insert a clause that this NDA is to be binding on anyone that the Receiving Party shares your business plan with.

Here’s an example of a clause from Accuride’s Confidentiality and Non-Disclosure Agreement again:

Jurisdiction

If you ever needed to enforce the terms of your NDA against the Receiving Party in court, the jurisdiction and governing law that would apply to your agreement will be enormously important.

Jurisdiction refers to the court that will have authority to rule over your case. Governing law refers to the laws of a particular state or country that will be apply to the NDA.

The jurisdiction does not have to match the governing law.

For example, you may state that you wish English law to apply and the jurisdiction to be the New York courts. This means that you are granting authority to a New York court to apply English law when assessing the terms of the NDA.

If you omit to include a clause specifying the jurisdiction or governing law, you may be looking at additional costs and time spent in court trying to determine this issue.

Different jurisdictions and governing laws can results in different outcomes.

Most Disclosing Parties choose a jurisdiction or governing law that would be favourable to their cause.

However, there’s one thing to note. Article 25 of the Brussels regulation requires that there must be consensus reached between contracting parties when it comes to jurisdiction.

Because your NDA is most likely going to be a unilateral agreement, make effort to point out the jurisdiction and governing law clause to the Receiving Party and make note of their consent in case it is ever needed as evidence.

An example of a clause that provides for jurisdiction can be found in a NDA from Harvard Business School :

Termination of Contractual Relationship

If both of you choose not to work together after the sharing and discussion of your business plan, then you should think about what you want the Receiving Party to do with that plan and all the confidential information you shared.

You could require them to return to you all copies of your business plan or to destroy any copies or records of information that are in their possession.

An example of such a clause can be found in Accuride Corp’s Confidentiality and Non-Disclosure Agreement.

If the other party refuses to sign a NDA

Due to the nature of confidential information within a business plan, a NDA can be highly important for confidentiality.

However, in reality, we know that when it comes to investors, venture capitalists and banks (basically anyone you are asking money from), they will generally refuse to sign a NDA just to listen to a pitch.

Most investors may be looking at over 20 pitches in a week and they’re aware that there’s often a lot of cross-polarization and similar ideas in the industry, but it’s the execution of the idea that many people fail on.

Most investors, venture capitalists and larger companies want to uphold their reputation and would not be interested in stealing your idea anyway. If an investor or venture capitalist is involved in a project that’s similar to yours, they normally decline to meet with you to avoid any conflicts of interest.

If the investor or venture capitalist refuses to sign your NDA, but you’re worried about keeping your information confidential, instead of emailing them the business plan, put it on your laptop and share it with them during your meeting that way.

That way, there are no copies of your confidential information floating around.

Alternatively, grant them access to the document online with a password that you can then revoke once your meeting is completed. However, as much as possible try to limit the amount of confidential information that you share until they have confirmed that they’re truly interested in investing in your idea.

As for potential co-founders and partners that you’re thinking of partnering with, try to test them out first to see if you think you want to take the relationship deeper.

Keep your chat to a brief and informal one to find out what the other party thinks about the general idea of what you are saying.

You don’t need to share too many confidential details, just share the ‘ what ‘ and not necessarily the ‘ how ‘.

Once you’re confident that you want to work with them, and them with you, then you can negotiate a NDA agreement.

Jan 30, 2017 | Non-disclosure Agreements

This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.

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Before the NDA, own the IP rights

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Writing a Business Plan Confidentiality Statement

Free Confidentiality Statement Template (NDA)

Ayush Jalan

• December 12, 2023

Every company has a unique identity that sets it apart from its rival companies in the industry.  It is a combination of various aspects: The way you set your goals , your marketing strategy, your manufacturing process, or your entire business plan.

As crucial as it is to create a business plan that helps you stand out, it is perhaps just as crucial to protect your plan from any potential intellectual property theft. This is where a confidentiality statement for your business plan helps you safeguard your valuable assets.

A business plan confidentiality statement is a document that states that the information disclosed to the recipient can’t be disclosed to anyone outside the agreement. It is an agreement made between two parties before they enter a deal or exchange any sensitive information which is confidential.

Why Do You Need a Confidentiality Statement?

Even though trust is essential between partners or investors, there’s always a need to stay cautious while handing over your business plans. Even though the organization you plan to work with values confidentiality, everyone involved in it may not.

Your business plan is one of the most elaborate and classified documents. Before disclosing any information, the first and foremost thing is to sign a confidentiality statement. This will avoid the misuse of any information disclosed between the two parties.

How Does a Confidentiality Statement Protect You?

When a confidentiality statement is signed, it is agreed by both parties that they will not expose any of the information that is discussed or presented in the business plans. Additionally, the document should also mention the penalties in case of a violation of the agreement.

If the other party violates the statement of confidentiality, you can proceed legally and receive compensation for the damages you had to bear because of the violation. As per the contract, the compensation is paid.

The absence of a confidentiality statement is an invitation for others to use parts of your business plan. Although copyright laws can help you claim most of your information, some, still, stay unprotected.

Creating a Confidentiality Statement for the Business Plan

Most companies include a brief confidential statement on their business plan cover page. Although it is not a requirement, it delivers a quick message that the document is highly classified. Furthermore, it is essential to create an exclusive document.

To write a stringent confidentiality statement for your business plan, these are the elements that you must include:

1. Date of Effect

The date of effect is the date from which the confidentiality statement becomes active. An agreement is not valid until all the parties sign it; the date of effect follows this.

2. Parties Involved in the Agreement

It is crucial to specify the parties that will sign the agreement. If someone, you want as a part of the confidentiality statement, hasn’t signed it, they’re not bound by the clauses mentioned in the document.

For instance, two companies are getting into a contract, and the CEOs, representing the entire company, are signing the document, it is essential to mention that all employees are also bound by the agreement even when they haven’t signed it.

3. Agreement Terms

Describe and mention all the terms that both parties are agreeing to. This is a crucial part of the agreement and hence, requires confidentiality. Anything that isn’t included is not protected.

Here, you can also include that the recipient needs written consent from the disclosing party—the owner of the information, in case any information needs to be disclosed to a third party who isn’t a part of the statement of confidentiality.

4. The Non-Confidential part

Along with mentioning the confidential part of your business plan, you also mention the non-confidential part of the agreement. In most cases, there’s a lot of information that is acquired from other sources. This information won’t show under confidential.

Information relevant to the receiving party won’t list under confidential, some of these are:

• The information they owned before the agreement
• If they legally received it from another source
• The information they need to disclose in a lawsuit or administrative proceeding
• If they have developed or are developing the information.

5. Consequences in case of Agreement’s breach

Here, you mention all the legal consequences that will follow if the receiving party violates the agreement. This can include the procedure and the monetary penalties. According to the uniqueness of the information exposed, the compensation can vary.

6. Limits of the Usage of Information

The objective of a statement of confidentiality is to restrict the usage of the information that is disclosed to the recipient. Here, you mention the extent to which the information can be used. Also, specify the standard of security that needs to be followed while handling confidential information.

7. Date of Termination

Every agreement has an expiry date, after which both parties are free of the binding clauses. This termination date is set based on various factors like the end of the partnership , the end of a project or an event, or simply the end of the period mentioned in the agreement.

8. Miscellaneous Clauses

This part of the agreement is usually at the end of the document, which includes any other clauses that don’t necessarily fit into the above categories, but the owner of the information wants to include.

9. Signatures of all Parties

Clearly, this is the most important part of an agreement. Without the signatures of all the parties, the document is pointless and of no value. The agreement, as mentioned previously, can’t go into effect unless everyone involved signs it.

We have written a confidentiality statement example for you, including the above-mentioned elements. This will help you get a better understanding of how to write a confidentiality statement for your business plan.

Business Plan Confidentiality Statement Example (Key Points)

This BUSINESS PLAN NON-DISCLOSURE AGREEMENT (hereinafter known as the “Agreement”) between ______ (hereinafter known as the “Company”) and ________ (hereinafter known as the “Recipient”) becomes effective as of this ____ day of ____, 20___ (hereinafter known as the “Effective Date”).

Article III: Term

– The Recipient’s obligations of non-use and non-disclosure concerning Confidential Information will remain in effect in perpetuity. – The Recipient’s obligations of non-use and non-disclosure concerning Confidential Information will remain in effect for ____ years from the Effective Date.

Article VIII: Governing Law

This Agreement shall be governed by the laws of the State of ____________, without regard to conflict of law principles.

Article XII: Notices

Company’s Address ______________________________

Recipient’s Address ______________________________

Representative Signature: Date: Representative Printed Name: Representative Title:

Recipient Signature: Date: Recipient Printed Name:

Protect Your Information with a Confidentiality Statement

As a business owner, it is a duty to protect your ideas and marketing strategies . Create a confidentiality statement for your business plan and ensure that your business interests are safe and in good hands.

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About the Author

Ayush is a writer with an academic background in business and marketing. Being a tech-enthusiast, he likes to keep a sharp eye on the latest tech gadgets and innovations. When he's not working, you can find him writing poetry, gaming, playing the ukulele, catching up with friends, and indulging in creative philosophies.

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