A Non-Disparagement Agreement is essential in Australian business and employment contexts where protecting reputation and maintaining professional relationships is crucial. This document is commonly used during employment terminations, business separations, settlement agreements, or dispute resolutions. The agreement outlines specific prohibited actions, permitted communications, and consequences of breach under Australian law. It typically includes provisions complying with the Defamation Act 2005, Fair Work Act 2009, and relevant state legislation, ensuring enforceability while protecting both parties' interests. The document is particularly valuable in situations where parties wish to part ways amicably while protecting their respective reputations and business interests.
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1. Parties: Identifies and defines all parties to the agreement, including full legal names and relevant contact details
2. Background: Outlines the context and circumstances leading to the agreement, including any relevant relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, including what constitutes 'disparagement' and 'confidential information'
4. Scope of Non-Disparagement: Details the specific prohibited actions and communications, including both direct and indirect disparagement
5. Duration: Specifies the time period during which the non-disparagement obligations remain in effect
6. Mutual Obligations: Outlines the reciprocal obligations of all parties regarding non-disparagement
7. Exceptions and Permitted Disclosures: Lists circumstances where communication is permitted, such as legal proceedings or regulatory requirements
8. Breach and Remedies: Describes what constitutes a breach and the consequences, including available remedies and damages
9. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement provisions
1. Social Media and Online Presence: Specific provisions regarding online behavior and social media posts, recommended when parties have significant online presence
2. Third Party Obligations: Provisions extending to related parties such as employees, contractors, or affiliated organizations
3. Severability: Clause ensuring that if any provision is found invalid, the remainder of the agreement stays in effect
4. Alternative Dispute Resolution: Procedures for resolving disputes through mediation or arbitration before litigation
5. Survival Clause: Specifies which obligations continue after the agreement's termination
6. Return of Confidential Information: Procedures for handling sensitive information, recommended when the agreement involves confidential materials
7. Public Statements: Guidelines for any approved public statements, useful for high-profile cases or public figures
1. Schedule A - Approved Public Statements: Pre-approved language or statements that parties may use publicly
2. Schedule B - Restricted Topics: Specific list of topics or matters covered by the non-disparagement obligation
3. Schedule C - Contact Protocols: Procedures for necessary communications between parties
4. Appendix 1 - Related Entities: List of affiliated organizations, subsidiaries, or individuals covered by the agreement
5. Appendix 2 - Communication Guidelines: Detailed guidelines for acceptable and unacceptable forms of communication
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