Mutual Release And Non Disparagement Agreement Template for Germany

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Key Requirements PROMPT example:

Mutual Release And Non Disparagement Agreement

"I need a Mutual Release and Non-Disparagement Agreement under German law for the departure of our Chief Technology Officer effective March 1, 2025, including provisions for the protection of trade secrets and an agreed form of reference letter."

Document background
The Mutual Release And Non Disparagement Agreement is a critical legal instrument used in German business and employment contexts when parties seek to resolve existing disputes or terminate relationships while protecting their respective reputations. This document is particularly relevant in situations involving employment separations, business partnership dissolutions, or the settlement of disputes between commercial entities. It combines two key elements: a mutual release of claims (which prevents parties from pursuing legal action over past grievances) and non-disparagement provisions (which protect parties from future harmful statements). The agreement must carefully balance these restrictions with German constitutional rights and comply with the German Civil Code (BGB), data protection laws, and labor regulations. It's commonly used during corporate restructuring, executive departures, or business relationship terminations where maintaining professional reputations and confidentiality is paramount.
Suggested Sections

1. Parties: Identification and details of all parties entering into the agreement, including their legal capacity and authority to contract

2. Background: Context of the relationship between the parties and circumstances leading to this agreement

3. Definitions: Key terms used throughout the agreement, including 'Disparagement', 'Released Claims', and 'Effective Date'

4. Mutual Release: Comprehensive terms of the mutual release, including scope of claims being released and any exceptions

5. Non-Disparagement Obligations: Detailed provisions prohibiting parties from making disparaging statements, including scope and specific prohibited actions

6. Confidentiality: Obligations regarding the confidentiality of the agreement terms and any related information

7. Representations and Warranties: Statements of fact and guarantees made by each party

8. Duration: Term of the agreement, particularly for non-disparagement obligations

9. Enforcement and Remedies: Consequences of breach and available remedies under German law

10. General Provisions: Standard clauses including governing law, jurisdiction, severability, and entire agreement

Optional Sections

1. Return of Property: Required when parties need to exchange or return physical or digital assets

2. Social Media Provisions: Specific obligations regarding social media behavior and content

3. Reference Provisions: Terms regarding future employment references, typically used in employment-related agreements

4. Cooperation in Legal Proceedings: Required when ongoing legal matters necessitate future cooperation

5. Payment Terms: Include when the release involves financial consideration

6. Tax Implications: Required when significant financial considerations are involved

7. Insurance Claims: Include when insurance policies or claims are relevant to the release

8. Third Party Rights: Required when the agreement affects rights of third parties under German law

Suggested Schedules

1. Schedule of Released Claims: Detailed list of specific claims, disputes, or incidents being released

2. Prohibited Statements: Specific examples of prohibited disparaging statements or actions

3. Form of Public Statement: Agreed template for any public statements regarding the resolution

4. List of Confidential Information: Detailed inventory of information deemed confidential under the agreement

5. Payment Schedule: If applicable, details of any financial settlements and payment terms

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
Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Media and Entertainment

Retail

Real Estate

Education

Telecommunications

Energy

Consulting

Automotive

Relevant Teams

Legal

Human Resources

Executive Leadership

Corporate Communications

Compliance

Risk Management

Board of Directors

Industrial Relations

Corporate Governance

Public Relations

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Chief Financial Officer

Managing Director

Board Member

Department Head

Senior Manager

Executive Director

Operations Manager

General Counsel

Compliance Officer

HR Business Partner

Corporate Communications Director

Risk 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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