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Mutual Release And Non Disparagement Agreement for the United Kingdom

Mutual Release And Non Disparagement Agreement Template for England and Wales

A legally binding document governed by English and Welsh law that serves two primary purposes: first, it mutually releases parties from claims, obligations, and liabilities against each other, and second, it establishes commitments from all parties not to make disparaging statements about one another. The agreement provides a clean break while protecting reputational interests, typically used when concluding professional relationships or resolving disputes.

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What is a Mutual Release And Non Disparagement Agreement?

A Mutual Release And Non Disparagement Agreement is commonly used when parties wish to formally conclude their relationship while protecting their respective interests under English and Welsh law. This document is particularly valuable in situations involving employment terminations, business partnership dissolutions, or dispute resolutions where parties seek to prevent future claims and protect their reputations. The agreement typically includes comprehensive release provisions, specific non-disparagement obligations, confidentiality requirements, and may also address social media conduct and public communications.

What sections should be included in a Mutual Release And Non Disparagement Agreement?

1. Parties: Identification of all parties entering into the agreement

2. Background/Recitals: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Mutual Release: Terms of mutual release from claims, obligations, and liabilities

5. Non-Disparagement: Terms prohibiting parties from making negative statements about each other

6. Confidentiality: Obligations regarding confidential information and agreement terms

7. Governing Law: Specification of English and Welsh law as governing law

8. Execution: Signature blocks and execution provisions

What sections are optional to include in a Mutual Release And Non Disparagement Agreement?

1. Consideration: Details of any payment or other consideration when monetary or other consideration is part of the agreement

2. Social Media: Specific provisions regarding social media conduct when parties have significant social media presence

3. Future Cooperation: Terms for any required future cooperation between parties when ongoing relationship is necessary

4. Return of Property: Provisions for returning any property or documents when physical or intellectual property needs to be returned

5. Third Party Rights: Provisions regarding rights of third parties when agreement affects third party rights

What schedules should be included in a Mutual Release And Non Disparagement Agreement?

1. Schedule of Claims: List of specific claims being released

2. Schedule of Confidential Information: Detailed list of what constitutes confidential information

3. Schedule of Excluded Claims: List of claims specifically excluded from the release

4. Form of Announcement: Agreed form of any public announcement regarding the agreement

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions




















Clauses























Industries

Common Law Contract Principles: Fundamental principles of contract formation under English common law, including offer, acceptance, consideration, and intention to create legal relations

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract to which they are not a direct party

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly those attempting to exclude or restrict liability

Consumer Rights Act 2015: Relevant if one party is a consumer, providing protection against unfair terms and ensuring transparency

Employment Rights Act 1996: Key employment legislation, particularly Section 203 regarding settlement agreements and waiver of employment rights

Equality Act 2010: Legislation protecting against discrimination and ensuring equality, relevant for non-disparagement provisions

ACAS Code of Practice: Guidelines for handling employment disputes and settlement agreements

Defamation Act 2013: Legal framework governing defamation claims, crucial for structuring non-disparagement clauses

UK General Data Protection Regulation: Post-Brexit data protection legislation governing the processing and handling of personal data

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

Human Rights Act 1998: Particularly Article 10 regarding Freedom of Expression, which must be balanced against non-disparagement obligations

Competition Act 1998: Relevant for agreements between businesses to ensure non-disparagement provisions don't constitute anti-competitive behavior

Limitation Act 1980: Establishes time limits for bringing various types of legal claims, relevant for release 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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