In California, a nondisclosure agreement may be enforceable, provided it meets basic criteria. The restrictive covenant must be properly drafted. This entails clear writing, detailed information about the confidential components of the contract, and a clearly stated extent of the confidentiality obligation.
An NDA does not necessarily need to be notarized to be valid. The key elements for its validity are mutual agreement, clearly defined terms, and exchange of consideration (which can be the mutual exchange of information).
California courts may refuse to enforce non-disclosure agreements that are overly broad or vague in their terms. NDAs should have a clear description of the purpose, parties, and duration they cover.
If you need an NDA, looking at templates online isn't a bad place to start, but ideally you should work with a lawyer who can write a simple NDA for you or tweak the one you have. You may be able to find someone in your community who can do it for a few hundred bucks.
A confidentiality agreement should include the names and addresses of the parties to the contract. Consider also including: Reason for the agreement: Explain why you're sharing this information. The information disclosed: Be specific about the subject matter and what exactly is included in the agreement.
I cannot and will not tell anyone else what you have told me, or even that you are in therapy with me without your prior permission.
You don't need a lawyer to create the agreement, but you may need someone with legal expertise to review it.
You do not need a lawyer to create and sign a non-disclosure agreement. However, if the information you are trying to protect is important enough to warrant an NDA, you may want to have the document reviewed by someone with legal expertise.
Five other key features must be included in your NDA to ensure it's legally binding, including a description of confidential information, obligations of the parties involved, any exclusions, the term of the agreement and consequences of a breach.