AHi

Can anyone send me a sample of a non disclosure agreement. I started my cake shop from scratch and hired a new employee so I want to make sure that at the end of the day all my hard work I put in doesnt get destroyed. She does the baking for me and I have certain signature swirl that all my customers want to know which icing tip do I use.

So I just want to safe guard myself.

Thanks

AHow would you enforce the NDA?

Is your swirl that special? Maybe you need a patent.  

NDA on a swirl?  That is the last of your worries.  If she's the one doing the baking then that is what you need to be watching carefully.  Anyone can decorate like anyone else. 

I'd like to see this swirl!

I want to see the swirl too!!

But if she shows us the swirl it will be copied…

If she shows us, she has to kill us....

Don't show it until you get a patent. Norasmom is right, these CC members will copy anything. 

Yeah I heard Mimi just got a Boston Terrier with a red collar.  Sheesh...

Yup, I'm the epitome of a good CC member.

BakedCT:  ‘Safe Guarding’ yourself is just good sense……….

However in most states it’s against the law for individuals and business to practice law or give legal advice without a license.

Unauthorized practice of law, is a crime punishable by a misdemeanor conviction in CA.  All State Bar Associations get complaints on a regular basis, and they investigate and put an immediate stop to it.

Seriously, the folks here can share their bakery wisdom and experience but when you delve into actual business, law, taxes, licensing…… please consult legitimate government sanctioned certified Attorneys at Law, Tax Specialists, Business Management Consultants, and Certified Public Accountants in your location.

There are several legitimate business operators on this website who are teachers and published authors.  They give solid helpful business information.   Their publications have been thoroughly researched and edited.  May I recommend that you look into purchasing a few of those for guidance.

Although possibly meant in the kindest of intentions, even if you apply the counsel of the well meaning ( albeit often anonymous free hobby ) website advice;  only you will be held in criminal or civil liable for any actions you take.  Safe Guard Yourself.

mb

I want to see the swirl!!!

I am surprised that you would try to apply a NDA to a swirl...I am sure there are bakers that have done it many a times somewhere,  also how would you stop a baker from buying your product and than using the  swirl on their next order...we all learn from each other and apply what we see from  the cake galleries...I am not trying to be mean but I don't see how you can keep the swirl from being copied...I would be more worried about the cake recipes and your secret ingredients.

AI have no other piece of advice other than there's rarely something new under the sun. You know dc cupcakes swirl? Yeah my grams taught me that when I was 11. Years before they opened. And anyways you'd be surprised how little people care about swirls. I wouldn't worry

A

I haven't read all the replies b ut let me tell you what I ran into when I bought a bakery and had such a clause.  It is up to *you* to police it and since I was new in town I had no way to get the rproof needed to stop it.  Such clauses won't really help you at all :(

Some states don't even allow non-disclosure contracts, so I agree with the advice about checking with an attorney to see if it's even worth your time to go to all that trouble.

And if you didn't invent the specific icing tip that you use to make the signature swirl, you can't protect against someone else using it. All people need to do is try a bunch of tips before they figure it out. The recipes are much more of a risk if she's doing your baking and has that information.

AI think everyone has the wrong idea about my original post. Im not trying to NDA a swirl! I was talking about thw business as a whole with regards to recipes.

AI can't believe someone who has an up an running shop would be stupid enough to believe any info on this forum is legal advice and don't understand the point of explaining that with lots of words including punishment and what the state bars will do.

And a noncompete that is NOT enforceable can still be very useful . I can't fathom the attacks on the OP if she wants to include her swirl.

OP, as it was pointed out, most people here are not business people.

AI wanna see the swirl.

A

Can you explain what you mean by this?

A

I can believe it. We see stupid here on CC all day, every day.

I sure want to see the swirl, too.  But given some of the very dense customers out there in the world, it would AMAZE me if one asked me what tip I used to put a swirl on a cupcake.  That implies they know how a piping bag operates, and that the tip shape is what creates the design in what is piped.  Didn't everyone read about the customer who asked the baker how they kept the Barbie dolls on their cake from melting in the oven?

Liz