An NDA agreement for a treat business, name of business is "sweet treats company".

use this format-

1. Parties

Who are the Parties to the Non-Disclosure Agreement.

Party 1: (Your Company Name), the "Disclosing Party"

Party 2: The business or person you are going to share information/ideas with, the "Receiving Party".

2. The Confidential Information

Define the Confidential Information.

The information you want to protect must be defined and it is important to include the format the records are found/maintained (are these documents? Books, electronic records?) Is it your customer base? Lists of customer information? An invention? Your business plan?

Define what it is that you want to keep confidential. This can be very specific and name specific items or materials or more general and refer to all records, emails, etc. Think about the context of your business and what kinds or categories of information you may need to share with someone else.

3. Do you need to mark the information as "Confidential"?

Remember from our discussion that this depends on the type and volume of information you have and whether you want or need to mark every item. You have to go all in either way. If you are going to mark, then you must mark everything (or the items you do not mark will not be deemed confidential). Just make a decision and stick to it.

4. Confidential Information Exclusions.

Remember that there are some standard categories of information that are excluded. Everyone should include the below 5 common exclusions. These categories of exclusions will be included in your NDA. In addition, if there is any information that you choose not to have confidential, you can add that as an exclusion here as well.

Everyone should include the below 5 common carve-outs to the definition of Confidential Information which provide exceptions to the nondisclosure and nonuse obligations of the Receiving Party:

i. Publically available information

ii. Information already in possession of Recipient not pursuant to a confidentiality obligation

iii. Information developed by Recipient independent of the CI

iv. Information Recipient receives from a third party who is not part of the NDA (on a non-confidential basis)

v. Legally Required Disclosures - these are not a breach, but do require prior written notice to the Discloser

vii. (Any additional exclusions you need specific to your business or information)

5. Limitations of Use and Purpose

Answer the following questions:

What can the Receiving Party do with the CI? What is the purpose of the Receiving Party having access to the CI? Who, if anyone, may the Receiving Party allow access to the information? And WHY? What does the 3rd Party need it for and what can they do with it? If the Receiving Party can disclose to suppliers, consider adding this limitation: "provided such suppliers are not competitors of the Disclosing Party"

6. Requirements for Safeguarding Information

Answer the following questions:

What measures do you want the Receiving Party to take with respect to the CI to ensure it remains confidential? Do you want them to report to you? Do you want them to keep a log and track disclosures? Limit the disclosure of the CI to a "need to know" basis, but you must decide who 'needs to know'.

7. Standard of Care

Everyone will include a Standard of Care.

For example:

The Receiving Party must exercise at least reasonable care in handling the CI. The Receiving Party should take reasonable precautions and exercise reasonable care in not disclosing the Confidential Information. The Receiving Party must immediately notify the Disclosing Party of any breaches of the agreement or unauthorized disclosures.

8. Duration or "TERM"

How long do you need to protect the Confidential Information?

This is the time period during which disclosures will be made and the period of time that the information will be maintained by the parties. It includes the period of time during which the parties may disclose information and it will be covered by the NDA. It also includes the period of time after the CI has been disclosed or after the NDA has expired that the parties are required to maintain the confidentiality of the information that is disclosed.

How long will your NDA be in effect?

How long after the NDA will you need to keep the CI confidential?

9. Return or Destruction of Confidential Information.

What happens to the Information after the agreement is over? Answer the following questions and include the below:

The NDA should specifically state what happens to the information once the agreement ends. Is the information returned to the Disclosing Party? Will the information be destroyed? Can copies of the information be maintained by the Receiver? If yes, how long can the information be maintained?

Must include a statement that all disclosed information is the property of the Disclosing Party.

Must include a statement that No license or rights to the Confidential Information are granted to the Receiving Party.

Must specify if the CI must be returned or destroyed, and must specify the amount of time (i.e. 5 days, 10 days...) or name a specific date (date certain) and the CI must be returned or destroyed by that specific date.

Must include a requirement that the Receiving Party certifies in writing that they have complied with this section.

For example:

Within 5 days after any request by the Disclosing Party, the Confidential Information must be returned or destroyed and must include all originals, any copies, any backup documents/records, and any archived copies. Upon return and/or destruction of the Confidential Information, the Receiving Party must certify, in writing, that the requirements of this section have been met.

10. Remedies for Breach

What will you do if there is a breach or a violation of the NDA? What will fix the violation? How can the other party "make it right"? Will you have monetary penalties for any breach? Informal discussions between the parties? Mediation? File a lawsuit?