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Release And Hold Harmless Agreement

Release And Hold Harmless Agreement Template for Germany

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Key Requirements PROMPT example:

Release And Hold Harmless Agreement

"I need a Release and Hold Harmless Agreement under German law for my adventure sports company offering rock climbing experiences, where participants will release us from liability for standard climbing risks while maintaining mandatory statutory protections."

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Document background
A Release And Hold Harmless Agreement is essential in situations where parties need to clearly define and allocate risk in their business or personal relationships under German law. This document is commonly used in various contexts, from recreational activities to business operations, where one party wishes to be protected from potential claims arising from specified activities or circumstances. The agreement must be carefully drafted to comply with German legal requirements, particularly the BGB (German Civil Code), which prohibits certain liability waivers, such as those for intentional acts, gross negligence, or personal injury. The document typically includes detailed descriptions of released claims, express acknowledgments of risks, and specific carve-outs for non-waivable rights. It's particularly important in German jurisdiction where courts closely scrutinize liability limitations and require clear, unambiguous language for enforceability.
Suggested Sections

1. Parties: Identification and details of the Releasing Party (Releasor) and Released Party (Releasee), including full legal names, addresses, and legal status

2. Background: Context of the agreement, including the relevant activity, relationship between parties, and circumstances necessitating the release

3. Definitions: Definitions of key terms used throughout the agreement, including 'Claims', 'Losses', 'Released Matters', and other relevant terms

4. Release Provisions: Detailed description of the claims, rights, and causes of action being released, specifically structured to comply with German law requirements

5. Scope of Release: Clear delineation of what is covered by the release, including temporal and subject matter limitations

6. Statutory Exceptions: Explicit statement of non-waivable rights under German law, including liability for intentional acts, gross negligence, and personal injury

7. Representations and Warranties: Statements by the Releasor regarding their understanding of the agreement and authority to enter into it

8. Hold Harmless Provisions: Indemnification obligations and procedures, including scope and limitations under German law

9. Governing Law and Jurisdiction: Specification of German law as governing law and designation of competent courts

Optional Sections

1. Consideration: Details of any payment or consideration for the release, if applicable

2. Insurance: Insurance requirements and provisions, if relevant to the release arrangement

3. Confidentiality: Provisions regarding confidentiality of the release terms, if desired by the parties

4. Severability: Provisions for maintaining validity of remaining terms if certain provisions are found invalid

5. Future Claims: Treatment of future or unknown claims, if permissible under the circumstances

6. Third Party Rights: Provisions regarding the rights of third parties who may be affected by the release

7. Duration: Specific term or duration of the release, if not intended to be perpetual

Suggested Schedules

1. Schedule A - Description of Released Claims: Detailed enumeration of specific claims, incidents, or matters being released

2. Schedule B - Excluded Claims: List of claims specifically excluded from the release

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

4. Appendix 1 - Risk Disclosure: Detailed disclosure of risks associated with the activities covered by the release

5. Appendix 2 - Insurance Certificates: Copies of relevant insurance certificates, if 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Sports and Recreation

Construction

Manufacturing

Education and Training

Event Management

Real Estate

Healthcare

Transportation

Adventure Tourism

Professional Services

Industrial Services

Property Management

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facility Management

Event Management

Safety and Security

Contract Administration

Project Management

Business Development

Corporate Governance

Insurance

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Director

Facility Manager

Event Coordinator

Safety Officer

Contract Administrator

Project Manager

Business Development Manager

Corporate Secretary

Insurance Manager

General Manager

Chief Legal Officer

Chief Risk Officer

Industries
Bürgerliches Gesetzbuch (BGB) § 305-310: Regulations regarding General Terms and Conditions (AGB-Recht), which govern the validity and limitations of pre-formulated contractual terms, particularly important for standardized release agreements
Bürgerliches Gesetzbuch (BGB) § 276: Provisions regarding responsibility for negligence and intent, defining the scope of liability that can be validly waived or limited
Bürgerliches Gesetzbuch (BGB) § 278: Liability for vicarious agents, relevant when the release involves actions of third parties or employees
Bürgerliches Gesetzbuch (BGB) § 311: Legal obligations arising from contractual relationships, fundamental for establishing the basis of the release agreement
Bürgerliches Gesetzbuch (BGB) § 309 No. 7: Prohibitions on excluding liability for injury to life, body, or health, and gross negligence - these cannot be waived
Produkthaftungsgesetz (ProdHaftG): Product Liability Act provisions that cannot be excluded by release agreements if product liability is involved
Grundgesetz (GG) Art. 2: Constitutional right to physical integrity and freedom of action, which sets fundamental limits on release agreements
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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