I'd like to consult an expert here and there with a project I am developing. I've found plenty of templates for NDA agreements online and I've already modified one to suit my needs. Is there anything else I need to do to make this form legally binding? It's straightforward enough that I don't think I need to have a lawyer review it, but was wondering if there are any other technicalities to meet before using it.
Edit: The NDA is meant to be for my company with another company or individual. It's for a CA corp, though it's possible I might use it out-of-state.
Edit2: Here is the NDA with some redactions:
This Agreement is made by and between ---------------, a California corporation having its principal place of business at --------------------- and __, a _______ whose principal mailing address is __________ (“Recipient”).
Definition of Confidentiality. As used in this Agreement, "Confidential Information" refers to any information which has commercial value and is technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, and software source related to the current, future and proposed products and services of ------------------.
Nondisclosure and Nonuse Obligations. In exchange for any Confidential Information disclosed by ------------ to Recipient, the Recipient will maintain in confidence and will not disclose, disseminate or use said Confidential Information, whether given in written or non-written form. If Recipient is not an individual, Recipient agrees that Recipient shall disclose Confidential Information only to those of its employees who need to know such information, and certifies that such employees have previously signed a copy of this Agreement.
Survival. This Agreement shall govern all communications between both parties. Upon termination of any relationship between the parties, Recipient will promptly deliver to ---------, without retaining any copies, all documents and other materials furnished to Recipient by ---------------.
Governing Law. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California, as such laws are applied to agreements entered into and to be performed entirely within California between California residents.
Injunctive Relief. A breach of any of the promises or agreements contained herein will result in irreparable and continuing damage to ---------- for which there will be no adequate remedy at law, and ------------ shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate).
Entire Agreement. This Agreement constitutes the entire agreement with respect to the Confidential Information to be disclosed, and supersedes all prior or contemporaneous oral or written agreements concerning such Confidential Information. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written below.