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Non Disparagement Settlement Agreement

Non Disparagement Settlement Agreement Template for United States

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Key Requirements PROMPT example:

Non Disparagement Settlement Agreement

"Need a Non Disparagement Settlement Agreement following the departure of our senior marketing executive, with specific provisions about social media posts and industry speaking events, to be effective from March 1, 2025."

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Document background
The Non Disparagement Settlement Agreement is utilized when parties seek to resolve disputes while protecting their reputations and preventing future negative communications. This U.S. legal document is commonly employed during employment separations, business relationship terminations, or dispute resolutions. It defines prohibited communications, establishes enforcement mechanisms, and includes necessary carve-outs for legally protected speech. The agreement must balance enforceability under U.S. law with First Amendment rights and regulatory compliance requirements.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the dispute and reason for settlement, including relevant dates and events

3. Definitions: Key terms including detailed definition of 'disparagement' and other relevant terms

4. Non-Disparagement Obligations: Core provisions detailing prohibited communications and scope of restrictions

5. Consideration: Details of what each party receives in exchange for entering into the agreement

6. Term and Duration: Period during which agreement remains effective and any survival provisions

7. Governing Law: Jurisdiction and applicable law governing the agreement

8. Enforcement: Mechanisms for enforcing the agreement and handling breaches

Optional Sections

1. Mutual Obligations: Reciprocal non-disparagement obligations when both parties agree to mutual restrictions

2. Social Media Provisions: Specific restrictions and guidelines regarding social media communications

3. Liquidated Damages: Predetermined damage amounts in case of breach

4. Carve-Out Provisions: Exceptions for legally protected communications and regulatory compliance

5. Confidentiality: Additional provisions regarding confidentiality of the settlement terms

Suggested Schedules

1. Schedule A - Approved Public Statements: Pre-approved language for public communications about the settlement

2. Schedule B - Prohibited Statements: Specific list of prohibited communications and topics

3. Schedule C - Notice Recipients: List of designated contacts for breach notifications and communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Clauses

























Industries

First Amendment: Constitutional considerations regarding free speech limitations and their impact on non-disparagement provisions

National Labor Relations Act (NLRA): Federal law protecting employees' Section 7 rights to discuss working conditions and engage in concerted activities

EEOC Regulations: Federal regulations ensuring settlement agreements don't prohibit filing discrimination charges or cooperating with investigations

Older Workers Benefit Protection Act: Federal law requiring specific provisions and time periods for workers over 40 in settlement agreements

SEC Whistleblower Protections: Federal provisions protecting individuals' rights to report securities violations to government agencies

State Employment Laws: Varying state-specific regulations governing employment relationships and settlement agreements

State Contract Laws: State-specific requirements for contract formation, enforcement, and interpretation

State Non-disparagement Statutes: State-specific laws governing the scope and enforceability of non-disparagement provisions

Anti-SLAPP Laws: State laws protecting against strategic lawsuits aimed at suppressing public participation

Contract Law Principles: Fundamental requirements including consideration, capacity, and mutual assent for valid contract formation

Public Policy Exceptions: Legal doctrine invalidating contract provisions that violate public policy

Unconscionability Doctrine: Legal principle allowing courts to void contracts that are unfairly one-sided or oppressive

Speak Out Act of 2022: Federal law limiting the enforcement of non-disclosure agreements in sexual harassment cases

MeToo Legislation: State and federal laws enacted in response to the MeToo movement affecting confidentiality in settlement agreements

Enforceability Requirements: Legal standards for reasonable scope, duration, and clear definitions in non-disparagement provisions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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