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The red flag of misuse is when you ask for an NDA for a pitch meeting, a meet and greet, or a job interview. If your idea can be stolen after meeting someone for an hour for the first time, causing you irreparable harm in market, it's probably not a very good idea, or you're a terrible business person.
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.
The short answer is yes?Canadian courts have, for the most part, held up NDAs as enforceable. However, there are a few important caveats: NDAs must meet requirements for being reasonable and of legitimate business interest (we'll explain those requirements in more detail below).
For a mutual indemnity clause, the contract could state that ?each party agrees to indemnify, defend, and hold harmless each other for and from any loss or liability arising from the party's breach of the contract.? Here the breach of contract is the indemnification event.
How to write a non-disclosure agreement: What's included? Introduction. Definition of confidential information. How to handle confidential information. Exclusions from confidential information. Obligations of receiving party. Duration of agreement. Resolving disputes. Integration.
The specific information that should be protected by a mutual NDA will depend on the circumstances of the agreement, but generally includes any information that is not generally known to the public and that has commercial value to the disclosing party.
?Confidential and or proprietary Information? shall mean and include any information disclosed by one Party (Disclosing Party) to the other (Receiving Party) either directly or indirectly, in writing, orally, by inspection of tangible objects (including, without limitation, documents, prototypes, samples, media, ...
NDAs can last anywhere from a few days to a few years. After this period, you can disclose the information shared with you, including the fact that you have signed an NDA.