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Non Disparagement Agreement

Non Disparagement Agreement Template for Switzerland

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Key Requirements PROMPT example:

Non Disparagement Agreement

"I need a mutual Non-Disparagement Agreement between our company and a departing senior executive, taking effect from March 1, 2025, with special attention to social media restrictions and protection of our company's reputation in the Swiss financial services sector."

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Document background
Non-Disparagement Agreements are crucial risk management tools in Swiss business and employment relationships, used to protect reputational interests and maintain professional relationships. These agreements are particularly relevant in situations such as employment terminations, business separations, or settlement of disputes. A Non-Disparagement Agreement typically defines prohibited conduct, outlines exceptions for legally required disclosures, and specifies enforcement mechanisms. Under Swiss law, these agreements must carefully balance personality rights protection with freedom of expression, considering both civil and criminal law implications. The document must comply with Swiss contract law principles while providing practical and enforceable obligations that protect parties' reputational interests.
Suggested Sections

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 purpose of entering into the non-disparagement obligations

3. Definitions: Definitions of key terms including 'disparagement', 'confidential information', and scope of covered statements

4. Non-Disparagement Obligations: Core obligations detailing prohibited conduct, including both direct and indirect disparagement

5. Duration: Time period for which the non-disparagement obligations remain in effect

6. Permitted Disclosures: Exceptions to non-disparagement obligations, including legal proceedings and regulatory requirements

7. Remedies: Available remedies in case of breach, including injunctive relief and damages

8. Notice: Requirements for providing notices under the agreement

9. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of competent courts

10. General Provisions: Standard contract clauses including severability, entire agreement, and amendments

Optional Sections

1. Mutual Obligations: Used when both parties are undertaking reciprocal non-disparagement obligations

2. Social Media: Specific provisions regarding social media posts and online communications

3. Confidentiality: Additional confidentiality obligations beyond non-disparagement

4. Return of Materials: Requirements for returning or destroying materials that could be used for disparagement

5. Third Party Beneficiaries: Extension of protection to related parties such as officers, directors, or affiliates

6. Dispute Resolution: Alternative dispute resolution procedures such as mediation or arbitration

7. Survival: Specification of which provisions survive termination of the agreement

Suggested Schedules

1. Schedule 1 - Protected Parties: List of additional individuals or entities protected by the agreement

2. Schedule 2 - Prohibited Statements: Specific examples or categories of prohibited disparaging statements

3. Schedule 3 - Approved Public Statements: Pre-approved statements that parties may make about each other

4. Appendix A - Notice Details: Detailed contact information and procedures for providing notices

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions






















Clauses
























Relevant Industries

Financial Services

Banking

Technology

Manufacturing

Pharmaceuticals

Professional Services

Healthcare

Education

Retail

Hospitality

Media and Entertainment

Consulting

Real Estate

Insurance

Relevant Teams

Human Resources

Legal

Executive Leadership

Board of Directors

Corporate Communications

Public Relations

Employee Relations

Compliance

Risk Management

Corporate Governance

Internal Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Human Resources Director

Legal Counsel

Senior Manager

Department Head

Board Director

Executive Assistant

Sales Director

Marketing Manager

Project Manager

Company Secretary

Operations Manager

Communications Director

Industries






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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