Release And Hold Harmless Agreement Template for Australia

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Key Requirements PROMPT example:

Release And Hold Harmless Agreement

"I need a Release and Hold Harmless Agreement for my adventure tourism company in Queensland, covering high-risk activities like rock climbing and white-water rafting, to be used with all customers from January 2025."

Document background
A Release and Hold Harmless Agreement is a crucial legal instrument used in various business and personal contexts throughout Australia. This document serves two primary functions: it releases one party from liability for past or potential future claims, and it provides indemnification against future claims or damages. The agreement is commonly used in situations involving risk activities, business transactions, settlements, or property transfers. It must be carefully drafted to comply with Australian federal and state legislation, including the Competition and Consumer Act 2010, state-based Civil Liability Acts, and relevant common law principles. The document requires clear identification of parties, specific description of the claims being released, and explicit indemnification terms, while ensuring it doesn't contravene any non-waivable rights under Australian law.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses

2. Background: Explains the context and circumstances leading to the agreement, including any relevant incidents or relationships

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Release Provisions: Details the specific claims, rights, and actions being released by the releasing party

5. Hold Harmless and Indemnification: Specifies the indemnification obligations and hold harmless provisions

6. Consideration: States the consideration being provided in exchange for the release and indemnification

7. Limitations and Exceptions: Outlines any limitations to the release and specific exceptions that are not covered

8. Representations and Warranties: States the representations and warranties made by each party regarding the agreement

9. Governing Law: Specifies that Australian law governs the agreement and identifies the relevant jurisdiction

10. Execution: Contains the signature blocks and execution requirements

Optional Sections

1. Insurance Provisions: Include when the agreement needs to address insurance obligations or the impact on insurance coverage

2. Confidentiality: Include when the release involves confidential information or requires non-disclosure provisions

3. Future Claims: Include when addressing potential future claims or ongoing obligations

4. Dispute Resolution: Include when specific dispute resolution procedures are required beyond standard court jurisdiction

5. Severability: Include when there's a need to ensure partial invalidity doesn't void the entire agreement

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

7. Multiple Parties: Include when there are multiple releasing or released parties with different obligations

Suggested Schedules

1. Schedule A - Description of Incident: Detailed description of the incident or circumstances leading to the release

2. Schedule B - Released Claims: Comprehensive list of specific claims being released

3. Schedule C - Excluded Claims: List of claims specifically excluded from the release

4. Schedule D - Related Parties: List of additional parties covered by the release (e.g., affiliates, employees)

5. Appendix 1 - Supporting Documents: Copies of relevant documents referenced in the agreement

6. Appendix 2 - Insurance Certificates: Copies of relevant insurance certificates when insurance provisions are included

Authors

Alex Denne

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

Relevant Industries

Construction

Manufacturing

Healthcare

Sports and Recreation

Education

Professional Services

Real Estate

Events and Entertainment

Transport and Logistics

Mining and Resources

Retail

Technology

Financial Services

Agriculture

Relevant Teams

Legal

Risk Management

Compliance

Human Resources

Operations

Project Management

Business Development

Health and Safety

Insurance

Corporate Affairs

Facilities Management

Event Management

Property Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Administrator

Human Resources Manager

Operations Manager

Project Manager

Business Development Manager

Safety Officer

Insurance Manager

Corporate Secretary

Facilities Manager

Event Coordinator

Property Manager

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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