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Non Disparagement Settlement Agreement Template for New Zealand

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Key Requirements PROMPT example:

Non Disparagement Settlement Agreement

"I need a Non Disparagement Settlement Agreement for a senior executive leaving our technology company, with specific provisions for social media restrictions and protection of company trade secrets, to be effective from March 1, 2025."

Document background
The Non Disparagement Settlement Agreement is a crucial legal instrument used in New Zealand when parties wish to resolve disputes or end professional relationships while protecting their respective reputations. This document is particularly relevant in employment separations, business partnership dissolutions, or commercial dispute resolutions. It operates within New Zealand's legal framework, incorporating elements from the Employment Relations Act 2000, Privacy Act 2020, and Contract and Commercial Law Act 2017. The agreement typically includes specific provisions about prohibited statements, mutual obligations, enforcement mechanisms, and remedies for breach. It's designed to provide clear guidelines for future conduct while ensuring all parties can move forward professionally without concern about reputational damage.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their legal capacity and contact details

2. Background: Outlines the context and circumstances leading to the agreement, including any existing disputes or relationships

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Non-Disparagement Obligations: Details the specific obligations of each party regarding non-disparagement, including scope and duration

5. Settlement Terms: Specifies any financial or other consideration being exchanged as part of the settlement

6. Confidentiality: Outlines the confidentiality obligations regarding the agreement and its terms

7. Release and Waiver: Contains mutual releases of claims and waivers of rights related to the settled matters

8. Enforcement: Specifies the consequences of breach and enforcement mechanisms

9. General Provisions: Standard contractual provisions including governing law, entire agreement, and severability

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Social Media and Public Statements: Specific provisions regarding social media usage and public communications, used when parties have significant public presence

2. Third Party Rights: Provisions regarding rights of third parties, used when the agreement affects or involves other parties

3. Mutual Recommendations: Provisions for agreed-upon positive statements parties can make about each other, used in employment contexts

4. Return of Property: Provisions regarding return of physical or digital property, used when relevant to the settlement

5. Insurance and Indemnification: Additional protection provisions, used in high-risk or complex settlements

6. Surviving Obligations: Specifies which obligations continue after termination, used in complex agreements

7. Alternative Dispute Resolution: Detailed ADR procedures, used when parties want to specify dispute resolution processes

Suggested Schedules

1. Schedule 1: Agreed Statement: Contains any pre-approved public statements or references the parties may make

2. Schedule 2: Settlement Payment Details: Details of any financial settlement including payment terms and schedules

3. Schedule 3: Specific Prohibited Statements: List of specific statements or topics that are expressly prohibited

4. Schedule 4: Authorized Representatives: List of individuals authorized to speak on behalf of each party

5. Appendix A: Related Entities: List of affiliated entities covered by the agreement

6. Appendix B: Communication Guidelines: Detailed guidelines for future communications between parties

Authors

Alex Denne

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

Relevant legal definitions






















Clauses


























Relevant Industries

Professional Services

Technology

Healthcare

Financial Services

Education

Retail

Manufacturing

Media and Entertainment

Construction

Hospitality

Non-Profit Organizations

Real Estate

Consulting

Relevant Teams

Human Resources

Legal

Executive Leadership

Corporate Communications

Public Relations

Risk Management

Compliance

Board of Directors

Industrial Relations

Corporate Affairs

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Managing Director

Department Manager

Executive Director

Board Member

Senior Manager

Operations Manager

Chief Financial Officer

Communications Director

Public Relations Manager

Employment Relations Manager

Risk Manager

Compliance Officer

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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