This Non Disparagement Agreement is designed for use in Malaysian business and employment contexts where parties seek to protect their professional and personal reputations. It is particularly relevant in situations involving employment terminations, business partnerships dissolution, or high-profile professional relationships. The document addresses both traditional and digital forms of communication, incorporating Malaysian legal requirements while balancing freedom of expression with reputational protection. It includes specific provisions for enforcement under Malaysian law, remedies for breach, and consideration of local business practices and cultural sensitivities.
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1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used in the agreement, particularly 'disparagement', 'confidential information', and communication channels
4. Scope of Non-Disparagement: Detailed description of prohibited conduct, including verbal, written, and electronic communications
5. Duration: Specifies the time period during which the non-disparagement obligations remain in effect
6. Mutual Obligations: Details the reciprocal obligations of all parties regarding non-disparagement
7. Exceptions: Lists permitted disclosures and communications, including legal proceedings and regulatory requirements
8. Remedies: Specifies the consequences of breach, including potential damages and injunctive relief
9. Notice Requirements: Procedures for notifying other parties of potential violations or required disclosures
10. Governing Law: Confirms Malaysian law as governing law and specifies jurisdiction for disputes
11. General Provisions: Standard contract clauses including severability, entire agreement, and amendments
1. Social Media Policy: Specific provisions regarding social media usage and restrictions, recommended when parties have significant social media presence
2. Third Party Obligations: Controls on communications to third parties, needed when agreement extends to communications with specific external parties
3. Post-Employment Provisions: Specific terms for post-employment scenarios, used when agreement is part of employment termination
4. Confidentiality Obligations: Additional confidentiality provisions, recommended when sensitive information needs protection beyond non-disparagement
5. Return of Materials: Requirements for returning or destroying materials containing potentially disparaging content, useful in employment or business dissolution contexts
6. Alternative Dispute Resolution: Mediation or arbitration procedures, recommended for high-profile parties or sensitive matters
7. Survival Clause: Specifies which provisions survive termination of agreement, important for long-term relationships
1. Schedule A - Prohibited Communications: Detailed list of specific types of communications or statements that are prohibited
2. Schedule B - Approved Public Statements: Pre-approved language for public communications about the relationship or its termination
3. Schedule C - Contact Persons: List of designated contact persons for communications regarding the agreement
4. Appendix 1 - Communication Guidelines: Detailed guidelines for acceptable forms of communication and public statements
5. Appendix 2 - Incident Report Form: Template for reporting potential violations of the agreement
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