Mutual Non-Disclosure Agreement Examples

Discover practical examples of mutual non-disclosure agreements for freelancers to protect sensitive information.
By Jamie

Understanding Mutual Non-Disclosure Agreements (NDAs)

In the freelancing world, protecting confidential information is vital for both freelancers and their clients. A mutual non-disclosure agreement (NDA) helps safeguard sensitive data shared during a professional relationship. Below are three practical examples of mutual NDAs tailored for different freelance scenarios.

Example 1: Graphic Designer and Marketing Agency

Context

A freelance graphic designer is hired by a marketing agency to create a branding package for a new product launch. Both parties need to ensure that proprietary design concepts and marketing strategies remain confidential.

This mutual NDA allows both the designer and the agency to share their confidential information without fear of it being disclosed to third parties.


**Mutual Non-Disclosure Agreement**  
This Mutual Non-Disclosure Agreement (“Agreement”) is entered into as of [Date] by and between [Graphic Designer’s Name], located at [Graphic Designer’s Address] (“Designer”) and [Marketing Agency’s Name], located at [Agency’s Address] (“Agency”).  

**1. Definition of Confidential Information**  
For purposes of this Agreement, “Confidential Information” means any data or information that is proprietary to either party and not generally known to the public, including but not limited to designs, marketing strategies, client lists, and business plans.  

**2. Obligations**  
Both parties agree to:  

- Maintain the confidentiality of the Confidential Information.  
- Not disclose the Confidential Information to any third parties without prior written consent.  
- Use the Confidential Information solely for the purpose of this Agreement.  

**3. Term**  
This Agreement shall commence on the date above and shall continue for a period of [2 years] unless terminated by either party with [30 days] written notice.  

**4. Miscellaneous**  
This Agreement shall be governed by the laws of [State].  

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.  

__________________________  
[Graphic Designer’s Name]  
__________________________  
[Marketing Agency’s Name]  

Notes

  • Consider specifying the duration of confidentiality obligations based on the nature of the project (e.g., longer for long-term projects).
  • Include any specific clauses that address return or destruction of materials upon termination of the agreement.

Example 2: Software Developer and Startup

Context

A freelance software developer collaborates with a startup company to build a proprietary application. Both parties need to safeguard intellectual property and codebase details throughout the development process.

This mutual NDA fosters a secure environment for sharing technical specifications and algorithms.


**Mutual Non-Disclosure Agreement**  
This Mutual Non-Disclosure Agreement (“Agreement”) is made effective as of [Date] by and between [Developer’s Name], with a principal place of business at [Developer’s Address] (“Developer”) and [Startup’s Name], with a principal place of business at [Startup’s Address] (“Startup”).  

**1. Definition of Confidential Information**  
“Confidential Information” includes all technical and non-technical information disclosed by either party, including source code, documentation, and business strategies.  

**2. Obligations**  
Both parties agree to:  

- Protect the confidentiality of Confidential Information with the same degree of care as their own confidential information.  
- Not use the Confidential Information for any purpose other than the development of the application.  

**3. Term**  
This Agreement shall remain in effect for [2 years] from the date of disclosure of the Confidential Information.  

**4. Miscellaneous**  
This Agreement shall be governed by the laws of [State].  

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.  

__________________________  
[Developer’s Name]  
__________________________  
[Startup’s Name]  

Notes

  • Ensure the NDA addresses the ownership of intellectual property created during the relationship.
  • Tailor the definition of Confidential Information to include any specific technologies or methodologies unique to the project.

Example 3: Copywriter and E-Commerce Client

Context

A freelance copywriter collaborates with an e-commerce client to develop product descriptions and marketing content. To protect the client’s unique branding and product information, a mutual NDA is essential.

This agreement ensures that both parties respect proprietary content and marketing strategies.


**Mutual Non-Disclosure Agreement**  
This Mutual Non-Disclosure Agreement (“Agreement”) is made as of [Date] by and between [Copywriter’s Name], located at [Copywriter’s Address] (“Copywriter”) and [E-Commerce Client’s Name], located at [Client’s Address] (“Client”).  

**1. Definition of Confidential Information**  
“Confidential Information” includes all information related to the Client’s products, marketing strategies, and customer data that is shared with the Copywriter.  

**2. Obligations**  
Both parties agree to:  

- Keep the Confidential Information confidential and use it solely for the purpose of this Agreement.  
- Not disclose the Confidential Information to any third parties without prior written permission.  

**3. Term**  
This Agreement will commence on the date above and shall continue for a period of [1 year] unless terminated by either party with [30 days] written notice.  

**4. Miscellaneous**  
This Agreement shall be governed by the laws of [State].  

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.  

__________________________  
[Copywriter’s Name]  
__________________________  
[E-Commerce Client’s Name]  

Notes

  • Specify how the Confidential Information should be handled, particularly regarding digital files and communications.
  • Discuss the possibility of extending the NDA if the project continues or evolves beyond the initial agreement.

By utilizing these examples of mutual non-disclosure agreements for freelancers, both parties can engage in a secure and professional manner, ensuring the protection of sensitive information throughout their collaboration.