Establishing secure connection…Loading editor…Preparing document…

Post-Termination Agreement Form

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

POST-TERMINATION AGREEMENT FORM

This Post-Termination Agreement ("Agreement") is entered into as of the day of , by and between Company Name: , with principal place of business at (hereinafter "Party A"), and Individual/Entity Name: , with address at (hereinafter "Party B"). Party A and Party B are each a "Party" and collectively the "Parties."

RECITALS

WHEREAS, the Parties previously were bound by a separate agreement described as (the "Prior Agreement"); and

WHEREAS, the Parties have agreed that the Prior Agreement has been terminated or will terminate effective upon the Effective Date set forth above; and

WHEREAS, the Parties desire to settle and fix their respective post-termination obligations, including return of property, confidentiality, final consideration, release of claims and cooperation going forward.

NOW THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

1.1 Definitions. For purposes of this Agreement, the following terms have the meanings set forth below:

"Confidential Information" means trade secrets, proprietary business information, customer lists, financial information, technical data, product plans, and any information marked confidential or that by its nature is reasonably understood to be confidential, whether or not disclosed in writing.

2. POST-TERMINATION COVENANTS

2.1 Return of Property. Party B shall, within days of the Effective Date, return to Party A all Company property in Party B's possession, including but not limited to:

2.2 Preservation of Confidentiality. Party B acknowledges and agrees that all Confidential Information shall remain confidential and shall not be disclosed or used except as expressly authorized in writing by Party A. The obligations in this Section 2.2 shall survive termination of the Prior Agreement and this Agreement in accordance with Section 7 (Survival).

2.3 Non-Solicitation. For a period of year(s) following the Effective Date, Party B shall not, directly or indirectly, solicit for employment or engagement any employee or contractor of Party A with whom Party B had material contact during the 12 months prior to termination, except with the prior written consent of Party A.

3. FINAL CONSIDERATION AND PAYMENTS

3.1 Final Payment. In full and final consideration for the covenants and releases provided by Party B herein, Party A shall pay to Party B the sum of $, payable on or before day of , .

3.2 Taxes. Each Party shall be responsible for its own tax obligations arising from amounts payable under this Agreement. Party A will withhold applicable taxes from payment to Party B as required by law.

4. MUTUAL RELEASE

4.1 Mutual Release. Subject to the exceptions set forth in Section 4.2, each Party, on behalf of itself and its affiliates, agents, representatives and successors, hereby fully and forever releases and discharges the other Party from any and all claims, demands, liabilities, actions and causes of action, whether known or unknown, arising out of or related to the Prior Agreement or the employment/engagement relationship prior to the Effective Date.

4.2 Exceptions to Release. The mutual release shall not apply to: (a) rights or claims accruing after the Effective Date; (b) breaches of this Agreement; (c) obligations that by their nature survive termination (including confidentiality obligations); or (d) claims for gross negligence, willful misconduct, or criminal acts.

5. COOPERATION AND ASSISTANCE

5.1 Cooperation. Following the Effective Date, each Party agrees to reasonably cooperate and provide such assistance as may be necessary to effectuate the terms of this Agreement and to facilitate an orderly transition. Such cooperation shall include providing truthful information and reasonable access to documents and personnel, subject to applicable law and privilege.

5.2 Indemnification. Each Party shall indemnify, defend and hold harmless the other Party from and against any losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees) arising from that Party's breach of this Agreement, or from any willful or wrongful acts or omissions by that Party.

6. CONFIDENTIALITY; NON-DISPARAGEMENT

6.1 Confidentiality Obligation. The Parties acknowledge that damages at law may be inadequate to protect the Confidential Information and that the non-breaching Party shall be entitled to seek equitable relief, including injunctive relief, in addition to any other remedies available at law or in equity.

6.2 Non-Disparagement. For a period of year(s) from the Effective Date, neither Party shall make any statement, written or oral, that reasonably could be construed to be disparaging of the other Party, its officers, directors, employees or products, provided that truthful statements made in the context of legal or regulatory proceedings are permitted.

7. SURVIVAL

7.1 Survival. The provisions of this Agreement that by their nature are intended to survive termination, including but not limited to Sections 2.2 (Preservation of Confidentiality), 4 (Mutual Release), 5 (Cooperation and Indemnification), 6 (Confidentiality; Non-Disparagement), 9 (Governing Law), and this Section 7, shall survive the termination of the Prior Agreement and the Effective Date.

8. REMEDIES

8.1 Remedies. The Parties acknowledge that breach of this Agreement may cause irreparable harm for which monetary damages may be inadequate, and agree that the non-breaching Party shall be entitled to injunctive or other equitable relief without the requirement of posting bond. Such remedies shall be cumulative and not exclusive.

9. NOTICES

Notices to Party A

Notices to Party B

10. AMENDMENT; WAIVER; COUNTERPARTS

10.1 Amendment. This Agreement may be amended or modified only by a written instrument signed by both Parties.

10.2 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom enforcement is sought. A waiver of one breach shall not constitute a waiver of any subsequent breach.

10.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Signatures delivered by electronic means or facsimile shall be effective as originals.

11. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

11.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its choice-of-law principles.

11.2 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and the invalid or unenforceable provision shall be reformed to the maximum extent necessary to make it enforceable.

11.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, between the Parties relating to such subject matter.

12. MISCELLANEOUS

12.1 Interpretation. Headings are for convenience only and shall not affect interpretation. The singular includes the plural and vice versa. The Parties acknowledge that they have had the opportunity to consult counsel prior to executing this Agreement.

12.2 Execution. Each Party represents and warrants that the person signing on its behalf is duly authorized to execute and deliver this Agreement and to bind that Party to its terms.

Party A:

By:

Date:

Party B:

By:

Date:

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What the Post-Termination Agreement Form Is

A Post-Termination Agreement Form documents the parties' final obligations and rights after a contractual relationship ends. It commonly covers release of claims, final payments, confidentiality continuation, return of property, and any post-termination cooperation or noncompete provisions. The form creates a clear record of negotiated terms that survive termination and reduces later disputes by specifying timelines, signatories, and remedies. For many organizations this form accompanies exit checklists, settlement payments, or contract closeout processes and is used both internally and with third parties to formalize closure events.

Why a Post-Termination Agreement Form Matters

Using a formal post-termination agreement clarifies remaining duties, limits future liability, and preserves confidential information or IP rights. It provides documented evidence of mutual resolution and reduces litigation risk by recording concessions, releases, and payment terms in writing.

Why a Post-Termination Agreement Form Matters

Who Typically Prepares and Signs This Form

Organizations preparing a Post-Termination Agreement Form often include HR, in-house legal, procurement, or operations teams depending on the contract context.

  • HR and People Ops: finalize severance, benefits continuation, and return-of-property items for departing employees or contractors.
  • Legal or Contracts Team: draft release language, oversee confidentiality and noncompete clauses, and ensure enforceability.
  • Finance or Procurement: reconcile final invoices, arrange final payments, and confirm termination of recurring charges.

Signatories usually include authorized representatives from each party; obtain the signatures required by the governing agreement and any notarization or witness requirements that apply.

Typical Signers and Their Roles

HR Manager

Responsible for implementing severance terms, documenting benefits continuation, and coordinating return of company property. HR confirms employee acknowledgements and retains the executed agreement in personnel files for compliance and audit purposes.

General Counsel

Reviews and approves release language, confidentiality survivals, and risk allocation. Counsel ensures the document complies with governing law and any statutory restrictions on releases or waivers.

Essential Data Points to Capture

Parties: Full legal names
Effective Date: MM/DD/YYYY
Consideration: Payment amount
Key Obligations: Specific post-termination duties
Confidentiality: Survival period
Signature Block: Signer name and title

Legal Risks and Consequences of Errors

Invalid Release: May be unenforceable under state law
Incorrect Dates: Alters rights and statute of limitations
Missing Consideration: Release may fail for lack of consideration
I-9 Impacts: Employment record errors trigger DHS fines
Tax Reporting: Incorrect payment classification risks IRS penalties
Noncompliance: Breach of HIPAA or industry rules

Common Preparation Mistakes to Avoid

  • Using ambiguous language like 'reasonable value' instead of specifying dollar amounts or deliverables creates enforceability disputes later.
  • Failing to match signer names to government IDs leads to authentication problems and may complicate notarization.
  • Omitting the effective date or signatory titles can create ambiguity about when obligations begin and who has authority.
  • Neglecting to address continuation of confidentiality or IP assignments risks inadvertent disclosure or ownership claims.

Step-by-Step: Completing a Post-Termination Agreement Form

Follow these steps to complete the form clearly and reduce later disputes. Prepare supporting documents before drafting.

  • 01
    1. Identify Parties: Enter full legal names and entity types.
  • 02
    2. Set Dates: Use MM/DD/YYYY for effective and execution dates.
  • 03
    3. Document Consideration: Record exact payment amounts and timing.
  • 04
    4. Sign and Authenticate: Obtain signatures, witness or notarization if required.

How Execution and Delivery Typically Work

A standard execution workflow ensures each party receives a final copy and that the organization retains an auditable record.

  • Drafting: Prepare terms and attach exhibits or schedules.
  • Internal Review: Legal and finance confirm language and amounts.
  • Signing: Parties sign; notarize if contract or state law requires.
  • Distribution: Provide executed copies to each party and retain originals.

Core Sections Every Professional Form Should Include

A well-structured Post-Termination Agreement Form addresses obligations, payment, releases, confidentiality, dispute resolution, and signatory authority to reduce ambiguity and litigation risk.

Final Consideration

Specify exact amounts, payment schedule, and whether amounts are taxable compensation or settlement to avoid tax reporting errors and ensure correct withholding.

Mutual Release

Clear release language defines claims being waived by each party and any carve-outs for fraud or statutory rights that cannot be released under local law.

Confidentiality Survival

State how long confidentiality and IP protections survive termination and describe permitted disclosures, consistent with HIPAA where applicable.

Return of Property

Detail items to be returned, timelines, and inspection rights to avoid disputes over equipment, data, or documents.

Post-Termination Cooperation

Define reasonable cooperation obligations, including transition assistance, document transfer, and access to records as needed for escrow or audit.

Governing Law & Venue

Identify the governing state law and dispute venue to make enforcement predictable and aligned with corporate policy.

Setting Up a Digital Signing Workflow

Configure an e-signing workflow to assign roles, authentication, and document retention before sending the form for signature.

Field Configuration
Signer Order Sequential or parallel routing depending on approvals needed
Authentication Email link, SMS code, or advanced methods per risk level
Attachments Include exhibits, final invoices, and return-of-property receipts
Retention Set automatic archival and export settings for audit

Digital Signing and Distribution Options

Choose an eSignature platform that supports audit trails, secure storage, and the authentication level required for your form.

  • File Formats: Accepts PDF and DOCX files
  • Integrations: Connects to Salesforce, Microsoft 365, NetSuite
  • Authentication: Supports email, SMS, and advanced KBA

Ensure the selected platform meets compliance requirements relevant to your industry and that audit logs are retained for the required retention period.

Key Timing Considerations and Deadlines

Track dates tightly: an execution date, payment deadlines, and any contest period should be explicitly stated and observed to preserve rights and meet reporting obligations.

Execution Deadline:

Date by which all parties must sign to accept terms

Payment Due Date:

Exact day payment must be made and method

Return-of-Property Date:

When items must be returned to the company

Challenge Period:

Timeframe for disputing release terms if applicable

Tax Reporting Window:

Classify payments for IRS reporting timetables

Typical Processing Milestones

Below are common sequential milestones for closing post-termination obligations, from negotiation to archival.

01

Negotiation Complete

Finalize settlement amounts and release language.

02

Internal Approval

Legal and finance sign off on the final draft.

03

Execution

Obtain signatures and any required notarization.

04

Archive and Closeout

Distribute executed copies and store originals securely.

eSignature Pricing and Feature Comparison

Pricing and features vary by vendor and plan; signNow is listed first for comparison. Confirm plan details with each vendor prior to purchase.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Trial available Trial available Trial available Trial available
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About the Post-Termination Agreement Form

Answers to common questions about filling, signing, and enforcing post-termination agreements, including eSignature and retention concerns.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.