NDA example · Food manufacturing

Mutual NDA Example for Business Partnership Talks

A mutual non-disclosure agreement for co-manufacturing talks: key terms, what counts as confidential, exclusions, term, remedies and signatures.

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At a glance

This NDA in numbers

About this example

This example is a mutual non-disclosure agreement between a snack brand and a contract manufacturer. Before the two can price a new protein bar line, the brand has to share its recipes and launch plans, and the manufacturer has to share its costs, line speeds and food safety audits. Both sides disclose, so both sides are bound by the same terms.

The agreement opens with a key terms summary, then sets out the purpose of the talks, what counts as confidential, the standard exclusions, who inside each company may see the information, what happens when a court orders disclosure and how the information is returned at the end. It also states plainly what an NDA does not do: it grants no license, obliges neither party to sign a manufacturing deal and leaves each free to work with others. Disclosures are covered for 12 months, with confidentiality lasting 3 years after the last one and longer for trade secrets.

Who it is for

Founders, operations leads and business development teams who need both companies to protect information before talks about manufacturing, supply or a partnership.

Inside and how to use it

What this example contains, and how to make it yours

What's inside

  • Agreement number, date, effective date and both parties in the header
  • A key terms summary: type, purpose, periods and governing law
  • Definition of confidential information with examples for the industry
  • The four standard exclusions and the recipient's duties
  • Required disclosure, return of information, no license and no obligation
  • Term, remedies, governing law and signatures for both parties

How to adapt it

  • Rewrite the purpose and the examples of confidential information for your deal
  • Make it one-way by naming one discloser and one recipient
  • Change the disclosure and confidentiality periods to fit the talks
  • Have a lawyer review it for the governing law you choose

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