1. Parties
This Mutual Non-Disclosure Agreement ("Agreement") is entered into between HospitalityFinance Consultancy ("Consultant") and the disclosing hotel or restaurant entity ("Client"), each a "Party" and together the "Parties".
Legal
Mutual Non-Disclosure Agreement
The standard mutual NDA we sign with hotel and restaurant clients before any financial documents are exchanged.
Template notice: This page reproduces the mutual NDA template we propose by default. Final wording is signed bilaterally and may be adapted to local law or to specific group policies upon request.
2. Purpose
The Parties wish to evaluate a possible engagement covering finance outsourcing, controllership, audit support, budgeting, internal controls or related advisory services ("Purpose"). To do so, each Party may share Confidential Information.
3. Definition of Confidential Information
"Confidential Information" means any non-public information disclosed in any form, including but not limited to: trial balances, P&L and balance sheet data, payroll, supplier contracts, PMS/POS exports, bank statements, owner reports, pricing, SOPs, IT credentials, guest data, and commercial strategy.
4. Exclusions
Confidential Information does not include information that (a) is or becomes public through no fault of the receiving Party; (b) was lawfully known prior to disclosure; (c) is independently developed without use of the Confidential Information; or (d) must be disclosed by law or regulator, with prompt notice to the disclosing Party where permitted.
5. Obligations
The receiving Party shall (a) use Confidential Information solely for the Purpose; (b) protect it with at least the same degree of care it uses for its own confidential information, and never less than reasonable care; (c) limit access to personnel and sub-processors with a need to know who are bound by equivalent confidentiality obligations.
6. Term
This Agreement is effective on the date of last signature and remains in force for two (2) years. Confidentiality obligations survive for a further three (3) years from termination, and indefinitely for trade secrets and personal data.
7. Return or Destruction
Upon written request or termination, the receiving Party will return or securely destroy Confidential Information, including copies on backups, within thirty (30) days, and certify destruction in writing if requested.
8. No License
Nothing in this Agreement grants any license, ownership or intellectual property right in Confidential Information, except the limited right to use it for the Purpose.
9. Remedies
The Parties agree that breach may cause irreparable harm and that injunctive relief, in addition to damages, is an appropriate remedy.
10. Governing Law
This Agreement is governed by the laws of the jurisdiction of the Client's registered office, with exclusive venue in its competent courts, unless the Parties agree otherwise in the engagement letter.
For the Consultant
HospitalityFinance Consultancy
Name, title, date, signature
For the Client
[Hotel / Restaurant entity]
Name, title, date, signature