Reviewed by Main AI · Updated July 2026
It bars you from making negative statements about the other party — common in severance and settlement agreements. Scope matters: overbroad versions can silence truthful reviews and legally protected speech.
Non-disparagement clauses prohibit saying negative things about the other party — publicly, to customers, online. They’re standard in severance agreements, settlements, and increasingly in consumer contracts. What to scrutinize: whether it’s mutual (does the company also agree not to disparage you?), whether "disparagement" is defined or dangerously vague, the duration, and the penalty for breach. Know the limits, too: laws protect certain speech regardless — the Consumer Review Fairness Act generally voids clauses gagging honest consumer reviews in form contracts, and employment law generally protects workers’ rights to discuss working conditions. A clause usually can’t erase those — but an aggressive one can still chill you into silence.
In standard-form consumer contracts, the Consumer Review Fairness Act generally voids clauses that gag honest reviews. Negotiated agreements like settlements are treated differently.
You generally keep legally protected rights — like discussing working conditions with coworkers — that a clause usually can’t waive. It restricts disparaging statements, not all speech, though vague clauses chill more than they legally cover.
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