The Non-Defamation Agreement is typically used in situations where parties wish to establish clear boundaries regarding communications about each other, particularly following business relationships, employment terminations, or dispute resolutions. This document is essential in the German legal context, where personal rights are strongly protected under both civil and constitutional law. It provides a framework for preventing reputational damage while respecting freedom of expression within legal limits. The agreement is particularly valuable in sensitive situations such as corporate separations, media relations, or high-profile business dealings where reputation management is crucial. It needs to comply with German legal requirements, including provisions from the Civil Code (BGB) regarding personal rights and contractual obligations, while ensuring enforceability through specific, measurable commitments and clear consequences for violations.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and circumstances leading to the need for this agreement
3. Definitions: Clear definitions of key terms including 'defamation', 'statement', 'confidential information', and 'public statement'
4. Scope of Agreement: Clear delineation of what constitutes defamatory statements and covered communications
5. Non-Defamation Obligations: Core commitments regarding refraining from making defamatory statements, including both direct and indirect communications
6. Duration: Term of the agreement, including start date and duration of obligations
7. Permitted Communications: Specification of what types of communications are allowed and in what contexts
8. Remedies and Enforcement: Legal consequences of breach, including injunctive relief and damages
9. Breach Notification: Process for notifying other party of potential breaches and correction procedures
10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
11. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties
1. Social Media Provisions: Specific provisions regarding social media posts and online communications, used when parties are active on social platforms
2. Third Party Obligations: Provisions regarding statements made through third parties or agents, used when parties have significant business or personal networks
3. Public Statements: Guidelines for making public statements about the other party, used when parties are public figures or businesses
4. Mutual Non-Disparagement: Broader provisions preventing any negative statements, not just defamatory ones, used in business or employment contexts
5. Confidentiality: Additional confidentiality provisions regarding the existence and terms of the agreement, used in sensitive situations
6. Dispute Resolution: Alternative dispute resolution procedures before court action, used for complex relationships
7. Severability: Provisions for maintaining validity if parts are found unenforceable, used in complex agreements
1. Schedule 1: Prohibited Statements: Specific list of statements or topics that are explicitly prohibited
2. Schedule 2: Pre-Approved Communications: Template or guidelines for acceptable public statements about the other party
3. Schedule 3: Communication Protocols: Detailed procedures for handling necessary communications between parties
4. Appendix A: Defined Terms: Extended definitions and interpretations of key terms
5. Appendix B: Notice Requirements: Detailed procedures for serving notices and breach notifications
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