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.
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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
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
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
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