Do you know that, for developing and building a new business, you will have to submit well written business plan to numerous parties, such as partners, investors, financiers and so on. It is also necessary to understand that Business Plan contain confidential information about your new business, which is very sensitive. These reasons makes it essential that, to prevent leaking out of confidential information or to protect the details of Business Plan, you need to enter into Confidential Agreement with the parties, binding them not to disclose or reveal any confidential information they receive, without your written permission.
But before proceeding further, it is essential to understand, what is Business Plan? The success of any business depends on careful strategic planning including resources and information, in every stage of the business lifecycle.
Business Plan
You can compare a Business plan with the resume of the candidate. The plan defines your business goals, find out these goals and inform how you achieve them. An income statement, pro forma Balance Sheet and Cash Flow analysis are important constituents of any Business Plan, as they inform about the allocation of resources efficiently for different purposes, such as loan payment, for unexpected happenings etc. The plan also provides essential detailed information about the operation and goals to different people, who are related to your business.
The importance of a Business Plan can be best understood by the explanation offered byRobert Krummer, Jr., chairman of First Business Bank in Los Angeles. According to him, "The business plan is a necessity. If the person who wants to start a small business can’t put a business plan together, he or she is in trouble,"
The reason, which makes Business Plan essential, is due to the fact that, the success and necessity of any business lies with outside sources including:
The basic content of Successful Business Plan can be summed up as follows:
As your Business Plan includes these important information about your new business, you need to safeguard them from being disclosed or leaking out by outside parties. Thus, you need to enter into Business Plan Confidentiality Agreement with these parties and forbid them from disclosing, any of these information without your written permission:
If you are submitting your new business development Business Plan to numerous outside parties, you can formulate your own Business Plan Confidentiality Agreement according to below given Confidential Agreement template:
Business Plan Confidentiality Agreement
This agreement is to acknowledge that the information provided by _______________ [Company Name] in this business plan is unique to this business and confidential; therefore, anyone reading this plan agrees not to disclose any of the information in this business plan without the express written permission of [Company name].
It is also acknowledged by the reader of this business plan that the information furnished in this business plan, other than information that is in the public domain, may cause serious harm or damage to ______________[Company name] and will be kept in the strictest confidence.
Upon request, this document is to be immediately returned to_____________[Company].
Signature_____________________
Name (typed or printed)____________
Confidentiality Agreement
This Confidentiality Agreement ("Agreement") is made and effective the______________ [Date] by and between _____________[Owner] and ___________[Recipient].
1. Confidential Information.
google_protectAndRun(“ads_core.google_render_ad”, google_handleError, google_render_ad); Owner proposes to disclose certain of its confidential and proprietary information (the "Confidential Information") to Recipient. Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, business plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, to Recipient by Owner. Confidential Information disclosed orally shall be identified as such within five (5) days of disclosure. Nothing herein shall require Owner to disclose any of its information.
2. Recipient’s Obligations.
A. Recipient agrees that the Confidential Information is to be considered confidential and proprietary to Owner and Recipient shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of its business with Owner, and shall disclose it only to its officers, directors, or employees with a specific need to know. Recipient will not disclose, publish or otherwise reveal any of the Confidential Information received from Owner to any other party whatsoever except with the specific prior written authorization of Owner.
B. Confidential Information furnished in tangible form shall not be duplicated by Recipient except for purposes of this Agreement. Upon the request of Owner, Recipient shall return all Confidential Information received in written or tangible form, including copies, or reproductions or other media containing such Confidential Information, within ten (10) days of such request. At Recipient’s option, any documents or other media developed by the Recipient containing Confidential Information may be destroyed by Recipient. Recipient shall provide a written certificate to Owner regarding destruction within ten (10) days thereafter.
3. Term.
The obligations of Recipient herein shall be effective [Non-Disclosure Period] from the date Owner last discloses any Confidential Information to Recipient pursuant to this Agreement. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against Recipient, nor by the rejection of any agreement between Owner and Recipient, by a trustee of Recipient in bankruptcy, or by the Recipient as a debtor-in-possession or the equivalent of any of the foregoing under local law.
4. Other Information.
Recipient shall have no obligation under this Agreement with respect to Confidential Information which is or becomes publicly available without breach of this Agreement by Recipient; is rightfully received by Recipient without obligations of confidentiality; or is developed by Recipient without breach of this Agreement; provided, however, such Confidential Information shall not be disclosed until thirty (30) days after written notice of intent to disclose is given to Owner along with the asserted grounds for disclosure.
5. No License.
Nothing contained herein shall be construed as granting or conferring any rights by license or otherwise in any Confidential Information. It is understood and agreed that neither party solicits any change in the organization, business practice, service or products of the other party, and that the disclosure of Confidential Information shall not be construed as evidencing any intent by a party to purchase any products or services of the other party nor as an encouragement to expend funds in development or research efforts. Confidential Information may pertain to prospective or unannounced products. Recipient agrees not to use any Confidential Information as a basis upon which to develop or have a third party develop a competing or similar product.
6. No Publicity.
Recipient agrees not to disclose its participation in this undertaking, the existence or terms and conditions of the Agreement, or the fact that discussions are being held with Owner.
7. Governing Law and Equitable Relief.
This Agreement shall be governed and construed in accordance with the laws of the United States and the State of [State of Governing Law] and Recipient consents to the exclusive jurisdiction of the state courts and U.S. federal courts located there for any dispute arising out of this Agreement. Recipient agrees that in the event of any breach or threatened breach by Recipient, Owner may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Owner against any such breach or threatened breach.
8. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
9. No Assignment.
Recipient may not assign this Agreement or any interests herein without Owner’s express prior written consent.
10. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
11. Notices.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
If to Owner: ________________________
[Owner]__________________________
[Owner's Address]__________________
If to Recipient:_____________________
[Recipient]_______________________
[Recipient's Address]_________________
12. No Implied Waiver.
Either party’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
13. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
[Owner] Signature Block _______________________
[Recipient] Signature Block_____________________