Confidentiality / NDA

A confidentiality clause (sometimes a standalone non-disclosure agreement, or NDA) restricts either party from disclosing contract terms, business information, proprietary content, or other defined confidential material. In NIL deals, confidentiality typically covers: the financial terms (compensation, royalty rates), the brand's marketing strategy, unreleased products shown to the athlete, and any personal information disclosed during pre-launch coordination. The clause should define what is confidential (carve out publicly known information, information independently developed, and information already known to the receiving party), set a duration (typically 2–5 years post-termination), and specify remedies (injunctive relief is standard because money damages do not cure a disclosure). Athletes should resist clauses that prohibit them from disclosing the deal exists — they typically need to make tax filings and may have NCAA / school disclosure obligations that override.