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Release Indemnification And Hold Harmless Agreement Template for Switzerland

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Key Requirements PROMPT example:

Release Indemnification And Hold Harmless Agreement

"I need a Release Indemnification and Hold Harmless Agreement for my Swiss-based construction company to use with subcontractors starting January 2025, covering potential workplace accidents and property damage on our construction sites in Geneva."

Document background
The Release Indemnification And Hold Harmless Agreement is a crucial risk management tool used in various business contexts under Swiss law. It is typically employed when one party wishes to be protected from potential claims, liabilities, or legal actions arising from specific activities, transactions, or relationships. This agreement is particularly valuable in situations involving inherent risks, such as construction projects, sporting events, or business transactions where clear allocation of risk is essential. The document combines three key elements: a release of existing and potential future claims, an obligation to indemnify against losses, and a commitment to hold the protected party harmless from specified risks. Under Swiss law, particular attention must be paid to the limitations on liability waivers, especially regarding gross negligence or willful misconduct, as specified in the Swiss Code of Obligations.
Suggested Sections

1. Parties: Identification of the Releasor and Releasee, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the release and indemnification

3. Definitions: Key terms used throughout the agreement, including 'Claims', 'Losses', 'Indemnified Parties', and specific activities covered

4. Release: Detailed description of claims and rights being released, including scope and duration of the release

5. Indemnification: Specific indemnification obligations, including scope of coverage and procedures for indemnification

6. Hold Harmless: Agreement to hold harmless the released parties from specified claims and losses

7. Exceptions and Limitations: Specific exclusions from release and indemnification, including those required by Swiss law

8. Representations and Warranties: Statements regarding understanding of rights, voluntary nature of agreement, and capacity to contract

9. Term and Survival: Duration of the agreement and which provisions survive termination

10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

11. Execution: Signature requirements and effective date

Optional Sections

1. Insurance: Required when specific insurance coverage is needed to support indemnification obligations

2. Notice Requirements: Include when specific procedures for claim notification need to be established

3. Dispute Resolution: Optional section for specific dispute resolution procedures beyond court jurisdiction

4. Severability: Include when there's concern about the enforceability of specific provisions

5. Assignment: Include when transfer of rights under the agreement needs to be addressed

6. Third Party Rights: Include when benefits extend to third parties not directly party to the agreement

7. Force Majeure: Include when certain events should excuse performance of obligations

8. Consideration: Include when specific consideration is being provided for the release and indemnification

Suggested Schedules

1. Schedule A - Description of Released Claims: Detailed list of specific claims, activities, or circumstances covered by the release

2. Schedule B - Indemnified Parties: Complete list of all parties protected by the indemnification provisions

3. Schedule C - Insurance Requirements: Specific insurance requirements including types, amounts, and terms of coverage

4. Appendix 1 - Form of Notice: Standard form for providing notice of claims under the agreement

5. Appendix 2 - Risk Assessment: Documentation of known risks and potential claims being addressed

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Construction

Manufacturing

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Relevant Teams

Legal

Risk Management

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Operations

Finance

Corporate Affairs

Business Development

Insurance

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Executive Leadership

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Manager

Project Manager

Operations Director

Chief Financial Officer

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Business Development Manager

Insurance Manager

Corporate Secretary

General Counsel

Chief Risk Officer

CEO

COO

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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