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The business plan non-disclosure agreement is intended for use when sharing a business plan with consultants, investors, contractors, potential employees, and anyone else evaluating your planned enterprise. Regardless of the size or complexity of your plan, it is likely to include confidential information that hopefully gives you an advantage over competitors. Such information could include your marketing plan, revenue forecast, and capital spending. Note, if…

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The business sale non-disclosure agreement is used when you’re engaged in negotiations to purchase an entity. For example, merger or investment discussions, negotiations about joint ventures or talks with consultants or potential licensees. All information about how the business obtains its customers and details about their products and services must be kept confidential. In the case of competitors, any trade secrets or proprietary information that is…

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A cease and desist letter for a non-disclosure violation is the first volley in a trade secret dispute. It is sent to those persons or companies who have breached the NDA or violated trade secret laws — for example, a competitor who has bribed an ex-employee to breach the NDA. Below is a simple template for a trade secret cease and desist letter. Trade Secret…

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The commercial real estate non-disclosure agreement is used when the owner of commercial real estate discloses information about a property to potential buyers, tenants, consultants, investors or business partners. The information may have to do with property revenue, taxes, marketing plans, planned capital improvements, the identity or financial status of investors or partners, or other confidential information that provides the owners with an advantage over…

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A customer list non-disclosure agreement is for companies that sell or license their customer lists to other businesses. For example, a magazine publisher may sell its subscriber lists to an advertiser who wants to target readers by direct mail or e-mail. You can use this NDA whenever your company provides a customer list or mailing list to another company. Sample CUSTOMER LIST NON-DISCLOSURE AGREEMENT  …

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The sole purpose of the employee non-disclosure agreement is to make clear to an employee that he or she may not disclose your trade secrets without permission. Lawyers recommend that employers use such agreements prior to an employee starting work. If the agreement is with a current employee, we recommend that you give the employee something of value over and above normal salary and benefits….

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The film (movie) non-disclosure agreement (NDA) is for use when sharing an original film concept, storyline, or screenplay. The film materials that you seek to protect must be confidential information — that is, they should have only been disclosed to people bound to maintain its secrecy. If you have disclosed your film concept without requiring secrecy, for example to actors or a producer, you will have…

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The financial information non-disclosure agreement is often used when financial information (and related materials) are disclosed in contemplation of a business acquisition, a merger, an audit, or an accounting analysis. The party making the disclosure may be the buyer in a sales transaction (for example, disclosing the financial ability to consummate the purchase) or sometimes the seller (for example, disclosing the cash flow of a…

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The HIPAA (employee) non-disclosure agreement (NDA) is intended for employees of healthcare professionals. The Health Insurance Portability and Accountability Act (HIPAA) (Public Law 104-191), sets forth regulations for medical personnel, hospitals, insurance companies and other healthcare providers who transmit health information in electronic form. “Health information” refers to patient medical records, billing, and financial records or any individually identifiable health information. Employers that are regulated by…

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The independent contractor non-disclosure agreement is intended for use with workers (sometimes known as “1099 contractors” because of their tax status) who perform tasks for you or your business. Unlike employees, independent contractors are not bound to maintain secrecy under most state laws. That is, if you disclose a trade secret to a contractor without a nondisclosure agreement in place, the contractor is not bound to…

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