Release And Non Disparagement Agreement Template for Australia

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Key Requirements PROMPT example:

Release And Non Disparagement Agreement

"I need a Release and Non-Disparagement Agreement for a senior executive's departure from our technology company, effective March 1, 2025, with specific provisions for social media restrictions and handling of intellectual property developed during their tenure."

Document background
The Release And Non Disparagement Agreement is a vital legal instrument in Australian business practice, commonly utilized when concluding employment relationships, resolving disputes, or ending business partnerships. This document serves dual purposes: it provides a legal release for potential claims between parties while establishing mutual obligations to refrain from making negative statements about each other. It's particularly relevant in situations involving senior executives, high-profile departures, or sensitive commercial relationships. The agreement must comply with Australian legal requirements, including fair work regulations, contract law principles, and privacy considerations. It typically includes specific provisions about the scope of release, defines what constitutes disparagement, outlines permitted exceptions (such as legal proceedings or regulatory requirements), and specifies enforcement mechanisms.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement

2. Background: Provides context for the agreement, including any relevant history or circumstances leading to its creation

3. Definitions: Defines key terms used throughout the agreement

4. Release: Details the scope of claims being released, including specific claims covered and excluded

5. Non-disparagement Obligations: Specifies the nature and extent of non-disparagement commitments, including what constitutes disparagement

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

7. Exceptions and Permitted Disclosures: Lists circumstances where the release or non-disparagement obligations do not apply

8. Consideration: States the consideration provided for the agreement

9. Representations and Warranties: Contains basic representations about authority to enter agreement and understanding of terms

10. Enforcement: Describes remedies for breach and enforcement mechanisms

11. General Provisions: Standard legal provisions including governing law, entire agreement, and severability

Optional Sections

1. Return of Property: Used when there is company property to be returned as part of the agreement

2. Ongoing Obligations: Required when parties have continuing duties beyond the release

3. References: Include when agreement covers how employment references will be handled

4. Non-admission of Liability: Optional clause stating the agreement does not constitute admission of wrongdoing

5. Social Media: Include specific provisions about social media behavior when relevant

6. Cooperation in Legal Proceedings: Used when ongoing cooperation in legal matters may be needed

7. Tax Indemnity: Include when payment is involved and tax implications need to be addressed

8. Mutual Release: Used when both parties are releasing claims against each other rather than one-way release

Suggested Schedules

1. Schedule 1 - Released Claims: Detailed list of specific claims being released

2. Schedule 2 - Excluded Claims: List of claims specifically excluded from the release

3. Schedule 3 - Payment Terms: Details of any payment arrangements if applicable

4. Appendix A - Acknowledgment Form: Form for parties to acknowledge receipt of consideration and understanding of agreement

5. Appendix B - Approved Statement: Pre-approved public statement about the matter if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Financial Services

Technology

Healthcare

Manufacturing

Retail

Education

Construction

Mining

Media and Entertainment

Telecommunications

Real Estate

Hospitality

Transportation

Energy

Relevant Teams

Human Resources

Legal

Executive Leadership

Compliance

Risk Management

Corporate Affairs

Public Relations

Employee Relations

Administrative Services

Corporate Governance

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Chief Financial Officer

Managing Director

Department Head

Senior Manager

HR Manager

Compliance Officer

Risk Manager

Operations Director

Board Member

Company Secretary

Executive Assistant

General Manager

Project Manager

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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