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Non Disparage Agreement Template for South Africa

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Key Requirements PROMPT example:

Non Disparage Agreement

"I need a mutual Non Disparage Agreement between our technology company and a departing senior executive, effective from March 1, 2025, with specific provisions for protecting company intellectual property and preventing negative statements on professional networking platforms."

Document background
The Non Disparage Agreement is a crucial legal instrument in South African business and employment contexts, typically used during employment terminations, business separations, or settlement agreements. It aims to protect parties' reputations and maintain professional relationships by preventing harmful communications while respecting constitutional rights. The agreement must comply with South African legislation, including the Constitution, Labour Relations Act, and relevant common law principles. It's particularly valuable in sensitive situations such as executive departures, business divorces, or dispute resolutions, where maintaining confidentiality and professional dignity is essential. The document typically includes specific definitions of prohibited behavior, permitted exceptions, enforcement mechanisms, and duration terms.
Suggested Sections

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

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

3. Definitions: Key terms used in the agreement, including what constitutes 'disparagement'

4. Scope of Non-Disparagement: Detailed description of prohibited statements and communications

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

6. Permitted Disclosures: Exceptions where statements are allowed (e.g., legal proceedings, regulatory requirements)

7. Confidentiality: Requirements regarding confidential information handling

8. Breach and Remedies: Consequences of violating the agreement and available remedies

9. General Provisions: Standard contractual terms including governing law, jurisdiction, and entire agreement

Optional Sections

1. Mutual Obligations: Used when both parties agree to reciprocal non-disparagement obligations

2. Social Media Guidelines: Include when specific social media restrictions need to be addressed

3. Third Party Coverage: Used when the agreement needs to extend to affiliated parties or entities

4. Return of Materials: Include when there are physical or digital materials that need to be returned or destroyed

5. Mediation Clause: Optional dispute resolution process before legal proceedings

6. Severability: Include when agreement needs to ensure partial enforceability if certain provisions are found invalid

7. Survival Clause: Used when certain obligations need to survive termination of related agreements

Suggested Schedules

1. Schedule A - Prohibited Communication Examples: List of specific types of communications or statements that are prohibited

2. Schedule B - Covered Platforms and Venues: Detailed list of communication platforms where restrictions apply

3. Schedule C - Related Parties: List of additional parties covered by the agreement (if applicable)

4. Appendix 1 - Communication Guidelines: Guidelines for acceptable forms of communication about the other party

5. Appendix 2 - Complaint Procedure: Process for reporting and addressing potential breaches

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

Technology

Financial Services

Professional Services

Healthcare

Media and Entertainment

Retail

Manufacturing

Education

Telecommunications

Mining

Energy

Legal Services

Consulting

Real Estate

Hospitality

Relevant Teams

Human Resources

Legal

Executive Leadership

Corporate Communications

Public Relations

Operations

Administration

Board of Directors

Employee Relations

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Managing Director

Department Head

Senior Manager

Executive Director

Board Member

Operations Manager

Project Manager

Business Development Manager

Chief Financial Officer

Communications Director

Regional Manager

General Manager

Chief Operating 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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