Non-Disparagement Agreement Template for United States

A Non-Disparagement Agreement legally prevents parties from making negative statements about each other. In Filipino business settings, these contracts protect both employers and employees from harmful comments, reviews, or criticisms that could damage reputations or business relationships.

Many Philippine companies include these agreements in employment contracts and settlement deals. They're especially common in industries like tech, media, and retail where public image matters greatly. Breaking this agreement can lead to legal consequences under Philippine civil law, including monetary damages and potential court action.

Use a Non-Disparagement Agreement during sensitive business transitions and employee departures in the Philippines. These agreements are particularly valuable when ending high-level employment relationships, settling workplace disputes, or protecting company reputation during mergers and acquisitions.

The agreement becomes essential for executive-level separations, contentious terminations, or when dealing with employees who have access to sensitive information. Philippine companies often include these clauses when buying out businesses, negotiating severance packages, or resolving workplace conflicts to prevent future reputational damage and maintain professional relationships.

• Mutual Non-Disparagement Agreements: Both parties agree not to speak negatively about each other, common in employment separations and business partnerships
• One-Way Non-Disparagement Clauses: Usually protecting just the employer or company, often included in standard employment contracts
• Settlement-Based Agreements: Part of dispute resolution packages, with specific terms about public statements and social media
• Time-Limited Versions: Include expiration dates for the non-disparagement obligations, typically lasting 1-5 years
• Industry-Specific Agreements: Tailored for sectors like entertainment, tech, or retail, with custom provisions for different communication channels

• Employers: Companies and organizations seeking to protect their reputation during employee transitions or settlements
• Employees: Staff members bound by these agreements, especially during severance or dispute resolution
• Legal Counsel: Corporate lawyers and law firms drafting and reviewing Non-Disparagement Agreements for enforceability
• HR Professionals: Human resource managers implementing these agreements in employment contracts and separations
• Business Partners: Parties involved in mergers, acquisitions, or joint ventures protecting their mutual interests
• Media Companies: Organizations managing public relations and protecting brand image through contractual obligations

• Identify Parties: Gather complete legal names and contact details of all individuals or entities involved
• Define Scope: Outline specific types of communications and platforms covered by the agreement
• Set Duration: Determine how long the non-disparagement obligations will remain in effect
• List Exceptions: Specify permitted disclosures like legal proceedings or regulatory requirements
• Detail Consequences: Clearly state remedies and penalties for breaching the agreement
• Use Our Platform: Generate a legally-sound document that includes all required elements under Philippine law
• Review Terms: Ensure all parties understand their obligations before signing

• Identification Section: Full legal names and details of all parties bound by the agreement
• Scope Definition: Clear description of prohibited statements and communication channels
• Duration Clause: Specific timeframe or conditions for the agreement's validity
• Consideration: Statement of mutual benefits or compensation making the agreement legally binding
• Permitted Disclosures: Legal exceptions and protected communications under Philippine law
• Remedies Section: Specific consequences and enforcement mechanisms for violations
• Governing Law: Clear statement that Philippine law governs the agreement
• Signature Block: Space for dated signatures with witness provisions

A Non-Disparagement Agreement often gets confused with a Non-Disclosure Agreement, but they serve distinct purposes in Philippine business law. While both protect business interests, their scope and application differ significantly.

• Content Focus: Non-disparagement prevents negative statements or criticism, while NDAs protect confidential information and trade secrets
• Duration Impact: Non-disparagement typically continues indefinitely after relationship ends, while NDAs often have specific expiration dates
• Enforcement Scope: Non-disparagement covers public statements and reputation management, while NDAs focus on preventing information sharing
• Legal Remedies: Non-disparagement violations usually result in defamation claims and damages, while NDA breaches lead to specific contractual penalties
• Common Usage: Non-disparagement is prevalent in employment terminations and business separations, while NDAs are standard in ongoing business relationships