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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."
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
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
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
Business Day
Claims
Commencement Date
Consideration
Effective Date
Excluded Claims
Government Agency
Indemnified Parties
Liability
Loss
Parties
Released Claims
Released Parties
Releasing Party
Related Bodies Corporate
Related Entities
Representatives
Subject Matter
Term
Territory
Third Party Claims
Associated Persons
Confidential Information
Dispute
Force Majeure Event
Insolvency Event
Law
Notice
Permitted Purpose
Hold Harmless
Indemnification
Consideration
Scope of Release
Exceptions and Limitations
Representations and Warranties
Insurance
Confidentiality
Governing Law
Jurisdiction
Dispute Resolution
Severability
Assignment
Entire Agreement
Amendment
Force Majeure
Notices
Survival
Waiver
Relationship of Parties
Costs and Expenses
Further Assurance
Execution
Time of Essence
Counterparts
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
Legal
Risk Management
Compliance
Human Resources
Operations
Project Management
Business Development
Health and Safety
Insurance
Corporate Affairs
Facilities Management
Event Management
Property Management
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
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