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Release And Non Disparagement Agreement Template for Canada

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Key Requirements PROMPT example:

Release And Non Disparagement Agreement

"I need a Release and Non-Disparagement Agreement for terminating a senior executive's employment effective March 1, 2025, with a severance package of $250,000 and ongoing cooperation requirements for pending litigation matters."

Document background
A Release And Non Disparagement Agreement is a crucial legal document used in Canadian business and employment contexts to formally conclude relationships while protecting all parties' interests. This document is typically employed during employment terminations, settlement of disputes, or business relationship dissolutions, providing a framework for parties to resolve existing claims and prevent future conflicts through carefully crafted non-disparagement provisions. It must comply with Canadian federal and provincial employment standards, human rights legislation, and privacy laws, with specific adaptations required for Quebec's civil law system. The agreement typically includes comprehensive release provisions, specific non-disparagement obligations, consideration details, and enforcement mechanisms, making it essential for risk management and dispute resolution across various industries.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including legal names and addresses

2. Background: Provides context for the agreement, including the relationship between parties and reason for the release

3. Definitions: Defines key terms used throughout the agreement, including 'Released Claims', 'Disparagement', and 'Confidential Information'

4. Release and Discharge: Details the scope of claims being released, including specific and general releases

5. Non-Disparagement Obligations: Specifies prohibited conduct and communications regarding other parties

6. Consideration: States the consideration being provided in exchange for the release and non-disparagement obligations

7. Confidentiality: Outlines obligations to keep the agreement and its terms confidential

8. Representations and Warranties: Contains statements of fact and promises made by each party

9. Enforcement: Describes remedies for breach and enforcement mechanisms

10. General Provisions: Includes standard contract clauses such as governing law, entire agreement, and severability

Optional Sections

1. Return of Property: Required when one party needs to return physical or digital assets to the other

2. Future Cooperation: Used when ongoing cooperation may be needed for transitions or legal proceedings

3. Social Media: Added when specific social media behavior needs to be addressed

4. Reference Provision: Included when parties agree on the content and handling of employment references

5. Tax Indemnification: Required when payment terms have tax implications that need to be addressed

6. Exceptions to Release: Used when certain claims or rights need to be preserved

7. Revocation Period: Required in agreements with employees over 40 (if using US standards) or when mandated by applicable law

8. Non-Admission of Liability: Added when parties want to explicitly state that the agreement is not an admission of wrongdoing

Suggested Schedules

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

2. Schedule B - Payment Terms: Details of any monetary consideration, including payment schedule

3. Schedule C - Approved Public Statement: Pre-approved language for public communications about the separation or resolution

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 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

Healthcare

Manufacturing

Professional Services

Retail

Education

Media and Entertainment

Construction

Energy

Telecommunications

Non-Profit

Government Services

Hospitality

Relevant Teams

Human Resources

Legal

Executive Leadership

Compliance

Risk Management

Corporate Communications

Employee Relations

Labor Relations

Corporate Governance

Administrative Services

Relevant Roles

Human Resources Director

Legal Counsel

Chief Executive Officer

Chief Financial Officer

Department Manager

HR Business Partner

Employment Lawyer

Compliance Officer

Risk Manager

Board Member

Executive Assistant

Operations Manager

Project Manager

Senior Vice President

General Counsel

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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