Non-Disparagement Agreement
A non-disparagement agreement is a legally binding document that prevents parties from making negative statements about each other, protecting professional reputations and business interests. This agreement is commonly used in employment contracts, separation agreements, and business settlements to maintain positive professional relationships and prevent reputational damage.
What This Template Is For
This template helps organizations and individuals create a clear, enforceable non-disparagement agreement that:
- Defines what constitutes disparaging statements
- Protects both parties' reputational interests
- Complies with current employment laws
- Addresses both written and verbal communications
- Covers social media and digital platforms
When To Use This Template
Use this non-disparagement agreement in situations such as:
- Employment contract creation
- Employee separation or termination
- Business partnership dissolutions
- Settlement agreements
- Executive departures
- Contractor agreements
How To Customize It
- Define the parties involved clearly
- Specify the scope of prohibited statements
- Include any specific platforms or contexts
- Add time limitations if applicable
- Include exceptions required by law
- Define enforcement mechanisms
- Add state-specific compliance language
Common Use Cases
Non-disparagement agreements are frequently used in:
- Corporate mergers and acquisitions
- Executive employment contracts
- Severance packages
- Business partnership agreements
- Settlement of employment disputes
Best Practices
- Make the agreement mutual when possible
- Use clear, specific language
- Include exceptions for legal requirements
- Consider state-specific restrictions
- Address social media specifically
- Include reasonable enforcement provisions
Template Variations
- Basic non-disparagement clause
- Comprehensive agreement with social media provisions
- Executive-level agreement
- Settlement-specific version
- Mutual non-disparagement agreement
Success Stories
Organizations have successfully used this template to:
- Protect company reputation during leadership transitions
- Maintain positive relationships after employee departures
- Resolve business disputes professionally
- Ensure smooth merger integrations
Frequently Asked Questions
What's the difference between non-disparagement and non-disclosure?
Non-disparagement prevents negative statements, while non-disclosure prevents sharing any information, positive or negative.
Are non-disparagement agreements legally enforceable?
Yes, but with limitations. The Speak Out Act and state laws may restrict enforcement in cases involving harassment or discrimination.
What constitutes a violation?
Any statement that damages reputation, including true statements, can constitute a violation if it meets the agreement's definition of disparagement.