Create a legally sound non-disclosure agreement to protect your privacy in intimate relationships. This generator follows attorney-reviewed guidelines to help you create an enforceable document.
This Non-Disclosure Agreement (the "Agreement") is entered into by and between:
___________________ ("First Party") and ___________________ ("Second Party"), collectively referred to as the "Parties."
EFFECTIVE DATE: This Agreement is effective as of _______________ (the "Effective Date").
1. PURPOSE
The Parties wish to protect the confidentiality of certain private information that may be disclosed between them during the course of their relationship. The Parties understand that maintaining the confidentiality of such information is essential to preserving privacy, dignity, and trust between them.
2. CONFIDENTIAL INFORMATION
For purposes of this Agreement, "Confidential Information" includes, but is not limited to:
- Personal identity information, including but not limited to full names, addresses, contact information, places of employment, and personal identification numbers;
- Photos, videos, and audio recordings of intimate or private nature;
- Text messages, emails, voicemails, letters, notes, and other written or recorded communications between the Parties;
- Details about the nature of the relationship between the Parties, including its existence;
- Specific activities engaged in together, including locations, dates, and descriptions of such activities
3. PROTECTION OF CONFIDENTIAL INFORMATION
Each Party agrees to keep confidential all Confidential Information received from the other Party. Each Party agrees not to disclose such Confidential Information to any third party, nor use it for any purpose other than as explicitly permitted by this Agreement. Each Party shall use the same degree of care to protect the other Party's Confidential Information as it uses to protect its own confidential information of similar nature and importance, but in no event less than reasonable care under the circumstances.
4. EXCEPTIONS
This Agreement does not restrict disclosure of Confidential Information that:
a) Is or becomes publicly available through no fault of the receiving Party;
b) Is disclosed in response to a valid order of a court or other governmental body, provided that the disclosing Party gives the other Party prompt written notice of such requirement prior to disclosure, and assists in obtaining a protective order if requested;
c) Is disclosed to report a crime or respond to law enforcement when required by applicable law;
d) Is disclosed with the prior written consent of the other Party, which consent shall be specific as to what information may be disclosed, to whom, and for what purpose.
5. PERMITTED DISCLOSURES
Confidential Information may be disclosed to:
a) Legal counsel retained by a Party for purposes of legal advice in relation to this Agreement or the relationship;
b) Licensed mental health professionals during the course of therapeutic treatment where such disclosure is deemed necessary for the Party's mental health;
c) Medical providers when relevant to treatment of a medical condition where such information is material to proper diagnosis or treatment.
6. DIGITAL CONTENT
Any digital content containing Confidential Information must be deleted upon request by the other Party. Such content shall be stored securely with password protection and not uploaded to any public platforms without explicit written consent. Upon termination of the Agreement or the relationship, any remaining digital content shall be permanently deleted using secure deletion methods.
7. TERM
This Agreement shall remain in effect for 3 years from the Effective Date, provided that any Confidential Information disclosed during the term shall remain subject to the confidentiality obligations herein for the duration specified, even after the expiration of this Agreement.
8. REMEDIES
In the event of a breach or threatened breach of this Agreement, the non-breaching Party shall be entitled to seek monetary damages in the amount of $10,000 as liquidated damages (which the Parties acknowledge represents a reasonable estimate of the potential damages and not a penalty), as well as injunctive relief to prevent further disclosure of Confidential Information. The Parties acknowledge that Confidential Information is valuable and unique and that disclosure in breach of this Agreement would result in irreparable injury to the non-breaching Party for which monetary damages alone would not be an adequate remedy.
9. DISPUTE RESOLUTION
Any dispute arising out of or relating to this Agreement shall be resolved through binding confidential arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the county and state of the non-breaching Party's residence at the time the dispute arises, unless otherwise agreed to in writing. The arbitration shall be conducted by a single arbitrator with experience in confidentiality matters, and judgment on the award may be entered in any court having jurisdiction thereof.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of _______________, without regard to its conflict of laws principles.
11. SEVERABILITY
If any provision of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect. The unenforceable provision shall be reformed to the extent possible to give effect to the Parties' intentions and to make the provision enforceable.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior agreements, understandings, or negotiations. This Agreement may not be modified except in a writing signed by both Parties.
13. COUNTERPARTS
This Agreement may be executed in separate counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement. Digital signatures and electronically transmitted signatures (including by email) shall have the same legal effect as original signatures.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
_______________________
First Party Signature
_______________________
Date
_______________________
Second Party Signature
_______________________
Date