Non-Disclosure Agreements (NDAs)

Contracts & Disputes · NDAs

What is a non-disclosure agreement?

A non-disclosure agreement (NDA) is a contract that legally binds parties to keep specified information confidential. A well-drafted NDA defines what counts as confidential, how it can be used, how long the duty lasts, and what happens if it is breached — protecting your ideas, data, and relationships.

Non-Disclosure Agreements (NDAs)

Overview

Almost every business relationship that involves sharing sensitive information — a pitch to an investor, a conversation with a potential partner, a project with a contractor — benefits from a non-disclosure agreement. An NDA sets the ground rules for what can be shared, who can see it, and what the recipient may do with it.

The most common mistake is treating an NDA as a formality. A vague or one-size-fits-all template can leave critical information unprotected, or be so broad that no one actually follows it. The details — the definition of confidential information, the carve-outs, the term, and the remedies — are what make an NDA enforceable.

We draft NDAs that fit the specific relationship in front of you, whether it is mutual, one-way, or part of a larger deal.

What a strong NDA defines

A useful NDA does more than say "keep this secret." It typically addresses:

  1. Confidential information — A clear definition of what is and isn't protected.
  2. Permitted use — What the recipient may do with the information.
  3. Carve-outs — Standard exceptions, such as information that is already public or independently developed.
  4. Term — How long the confidentiality duty lasts.
  5. Remedies — What happens if the agreement is breached.
HOW ROOTMARK HELPS

How it works

We draft and review NDAs on a flat fee, so you know the cost before we start. Each agreement is tailored to the relationship — mutual or one-way, standalone or part of a larger deal — and written in plain language you can use again. If you're reviewing an NDA someone sent you, we'll flag the terms worth pushing back on before you sign.

Q&A

Frequently Asked Questions.