--- title: Non-Disparagement Provisions | Lipresti Law near Boston, MA description: Non-disparagement provisions are designed to encourage professionalism and protect reputations. These provisions must be clearly defined and fairly applied. image: https://liprestilaw.com/hubfs/Lipresti%20Law%20Logo%20White%20on%20Blue%20final.jpg ---   [![Resources 2](https://liprestilaw.com/hs-fs/hubfs/Resources%202.png?width=1193&height=239&name=Resources%202.png)](https://liprestilaw.com/)   ## Non-Disparagement Provisions A non-disparagement provision is a clause in a contract that prohibits one or both parties from making negative or derogatory statements about the other. In simpler terms, it is an agreement to not bad-mouth or talk negatively about someone and their services or products. Why is a Non-Disparagement Provision Used? 1. Protecting Reputation: Companies and individuals value their reputations. A non-disparagement clause can help safeguard against harmful or untrue statements that can tarnish those reputations. 2. Encouraging Amicable Resolutions: In the event of a dispute, such non-disparagement provision encourages parties to resolve their issues professionally without resorting to damaging public statements. Key Points to Remember: 1. Scope: The provision can vary in its scope. Non-disparagement can pertain to verbal comments, written statements, online posts, or any other form of communication. 2. Enforcement: If someone violates the provision, they may face penalties, which are usually outlined in the contract. Such penalty could include financial damages or other remedies. 3. Freedom of Speech: While parties can agree not to disparage each other, this provision should not be used to suppress lawful, honest, and necessary communications. For instance, a person should not be, and in many scenarios will not be prevented from testifying truthfully in court due to the existence or enforcement of a non-disparagement clause. Takeaway: Non-disparagement provisions are designed to encourage professionalism and protect reputations. However, like all contractual terms, such provision must be clearly defined and fairly applied. If you are considering including such a provision in a contract or if you are asked to agree to one, it is a good idea to consult with legal counsel to ensure it is in your best interests.   [Click Here to Go back to Corporate Counsel Page](https://liprestilaw.com/corporate-outside-general-counsel-services)   --- Want to talk to an attorney who understands your Corporate Counsel needs? Let's connect. *Attorney Advertising - This information and material are for general informational purposes only * *and do not constitute nor should be considered to be legal advice.*   [![logo-4](https://liprestilaw.com/hs-fs/hubfs/logo-4.png?width=333&height=80&name=logo-4.png)](https://liprestilaw.com/)