Mutual Release Form Template for Germany

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Key Requirements PROMPT example:

Mutual Release Form

"I need a German law Mutual Release Form for the dissolution of a business partnership between two GmbH companies, with specific provisions for the return of intellectual property and a staged payment schedule to be completed by March 2025."

Document background

The Mutual Release Form (Gegenseitige Freigabevereinbarung) is a critical legal instrument under German law used when parties wish to formally terminate their obligations to each other and waive any existing or potential claims. This document is particularly valuable following the completion of business relationships, resolution of disputes, or separation of business interests. It operates under the framework of German civil law, specifically the Bürgerliches Gesetzbuch (BGB), and requires careful attention to form requirements and specificity in describing released claims. The document typically includes detailed provisions about the scope of release, any exchanged consideration, and representations about the parties' authority to enter into such an agreement. It's commonly used in business dissolutions, employment separations, settlement of disputes, and closure of commercial transactions.

Suggested Sections

1. Parties (Parteien): Identification and details of all parties entering into the mutual release agreement

2. Background (Präambel): Context of the relationship between the parties and circumstances leading to the mutual release

3. Definitions (Definitionen): Key terms used throughout the agreement and their specific meanings

4. Mutual Release (Gegenseitige Freigabe): Core provisions detailing the specific claims, rights, and obligations being mutually released by all parties

5. Consideration (Gegenleistung): Description of any consideration or value exchanged between the parties as part of the release

6. Representations and Warranties (Zusicherungen und Gewährleistungen): Statements by each party regarding their authority to enter into the agreement and the validity of released claims

7. Effectiveness (Wirksamkeit): Specifies when the release becomes effective and any conditions that must be met

8. Governing Law and Jurisdiction (Rechtswahl und Gerichtsstand): Specification of German law as governing law and designation of competent courts

9. Severability (Salvatorische Klausel): Standard clause ensuring remainder of agreement remains valid if individual provisions are found invalid

Optional Sections

1. Confidentiality (Vertraulichkeit): Used when parties wish to keep the existence or terms of the release confidential

2. Payment Terms (Zahlungsbedingungen): Include when the release involves specific financial settlements or payments

3. Non-Disparagement (Unterlassung von Herabwürdigungen): Added when parties agree not to make negative statements about each other

4. Return of Property (Rückgabe von Eigentum): Include when physical or intellectual property needs to be returned as part of the release

5. Future Cooperation (Zukünftige Zusammenarbeit): Used when parties need to define any ongoing obligations or future relationship parameters

6. Tax Implications (Steuerliche Aspekte): Include when the release has significant tax implications that need to be addressed

7. Insurance Claims (Versicherungsansprüche): Added when insurance claims or rights need to be specifically addressed

Suggested Schedules

1. Schedule of Released Claims (Aufstellung der freigegebenen Ansprüche): Detailed list of specific claims, rights, and obligations being released

2. Schedule of Excluded Claims (Aufstellung der ausgenommenen Ansprüche): List of claims specifically excluded from the release

3. Payment Schedule (Zahlungsplan): If applicable, details of any payments to be made as part of the release

4. Property Register (Eigentumsverzeichnis): If applicable, list of property or items to be returned or transferred

5. Related Agreements (Verbundene Vereinbarungen): List of other agreements affected by or relevant to the release

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

alex.den.21@genieai.co

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Authors

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