I concur with Jerome.   Freedom of speech and all that.  As a practical
matter, if you don't intend to enforce policies such a this, i would
eliminate them from your agreement.    I can't imagine enforcing this.   You
would have more to lose in the court of public opinion by combatting with a
disgruntled ex-member, than you might gain by trying to legally force their
silence.   And, if their complaints are warranted, embrace the feedback and
improve your business.

Mark
LiquidSpace
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*
*LiquidSpace
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On Tue, May 31, 2011 at 6:39 PM, Michael Nguyen <[email protected]> wrote:

> Hi everyone, I'm from The Bourse in New Haven, CT. We've had some
> questions from prospective members about a non-disparagement clause in our
> member agreement, which reads as follows:
>
> *
> *
>
> *114. Non-Disparagement.*
>
> You shall, during and after the participation in and use of the Services,
> refrain from making any statements or comments of a defamatory or
> disparaging nature to any third party regarding The Bourse, or any of The
> Bourse officers, directors, employees, personnel, agents, policies, services
> or products, other than to comply with law.
>
> We've noticed that this is a common clause in many coworking member
> agreements, of which we modeled ours after. I was wondering if anyone in
> this group had any thoughts on why you decided to include/exclude this
> clause. Has anyone else faced similar inquiries or resistance to signing off
> with such a clause in their agreements?
>
> You can view our full membership agreement here
> http://www.boursenewhaven.com/coworking-membership-agreement
>
> *Mike Nguyen*
>
> The Bourse
> 839 Chapel Street
> (203) 980-8202
> (203) 776-5684 (Fax)
>
> http://www.boursenewhaven.com
>
> Sign up for our mailing list: http://eepurl.com/cbPYb
> Follow us on Twitter: @BourseNewHaven<http://www.twitter.com/boursenewhaven>
> Or on Facebook: La 
> Bourse<http://www.facebook.com/pages/La-Bourse-Co-Working-New-Haven-Style/169803783040016>
>
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