COVER TEMPLATE LETTER

Date:

Dear                                    

I am writing to request release from the non-disclosure agreement and any non-disparagement clauses that (insert the names of the parties to the agreement, including your own) signed on (insert date of agreement).

I am requesting a release for these reasons (please use as appropriate to your situation):

1. There are growing concerns about the use of NDAs for anything other than the protection of intellectual property (which was not the reason to use an NDA in my case). The campaign Can’t Buy My Silence is working with lawmakers in England & Wales, Ireland and Canada to change the law to make NDAs for any other purpose unenforceable. While this will not affect my agreement, I believe that changes in law and practice mean that it is unconscionable to continue to hold me to this agreement.

2. NDAs have a proven consequence of permitting serial abusers to repeat offending, harassment and abuse of power. You are requiring me to hide information that others in vulnerable positions need in order to be safe from harassment and discrimination.

3. The impact on me of being prevented from speaking about my experience to is to worsen the trauma and pain I experienced when I first brought forward my complaint.  I need my voice back, to be able to speak privately with family, friends and professionals, simply to heal and move forward now.

4. When I signed the settlement agreement, I was not made fully aware of the many consequences and future implications of the NDA and any non-disparagement clauses. I was made to feel that I “must” sign the NDA and there was no alternative. I now realize that I could ask for the protection of my privacy without agreeing to protect the identity of the other party and public knowledge of them. As a result, I feel that I did not truly offer informed consent to the NDA.

(optional*) Furthermore, I am asking for the addition of a clause that protects my personal privacy as the victim of the alleged misconduct.

Yours,