Release Of All Claims And Hold Harmless Agreement Template for England and Wales

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Key Requirements PROMPT example:

Release Of All Claims And Hold Harmless Agreement

"I need a Release Of All Claims And Hold Harmless Agreement to settle an ongoing dispute with a former employee who left our company in January 2025, including confidentiality provisions and a mutual non-disparagement clause."

Document background
A Release Of All Claims And Hold Harmless Agreement is essential in situations where parties wish to definitively settle disputes or potential claims. This document, governed by English and Welsh law, combines a comprehensive release of claims with an indemnification provision, effectively preventing future litigation while protecting the released party from additional liability. It's commonly used in settlement agreements, accident cases, employment terminations, and business disputes where a clean break between parties is desired. The agreement must be carefully drafted to ensure enforceability under English law and to properly address both current and potential future claims.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement

2. Background: Explains context and circumstances leading to the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Release of Claims: Details the specific claims being released and the scope of the release

5. Hold Harmless Provisions: Specifies indemnification obligations and protection against future claims

6. Consideration: States the consideration being provided for the release

7. Governing Law: Specifies applicable law and jurisdiction (England and Wales)

Optional Sections

1. Confidentiality: Provisions regarding keeping the terms and existence of the agreement confidential

2. Non-Disparagement: Provisions preventing parties from making negative statements about each other

3. Future Claims: Specific provisions addressing how potential future claims will be handled

Suggested Schedules

1. Schedule of Released Claims: Detailed itemization of specific claims being released

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

3. Payment Schedule: Details of any consideration payments including amounts and timing

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
Relevant Teams
Relevant Roles
Industries

Unfair Contract Terms Act 1977: Key primary legislation governing the fairness and enforceability of exclusion clauses and limitation of liability provisions in contracts under English law

Consumer Rights Act 2015: Legislation that must be considered if any party to the release agreement is acting as a consumer, providing additional protections and requirements

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for hold harmless provisions affecting third parties

Limitation Act 1980: Statute establishing time limits within which various types of claims must be brought, important for understanding the scope of claims being released

Doctrine of Consideration: Common law principle requiring that each party must provide some value or consideration for the agreement to be legally binding

Contractual Capacity Rules: Common law principles determining who has the legal capacity to enter into binding contracts

Contractual Interpretation Principles: Common law rules governing how courts interpret contractual terms and provisions

Personal Injury Liability Rules: Legal principles restricting the ability to contract out of liability for personal injury, particularly under UCTA 1977

Fraud Liability Restrictions: Legal principles preventing the exclusion of liability for fraudulent acts or statements

Death/Personal Injury Negligence Rules: Statutory restrictions on excluding liability for death or personal injury caused by negligence

Reasonable Notice Requirements: Common law principles requiring that contractual terms, particularly onerous ones, must be properly brought to the attention of the parties

Hedley Byrne Principle: Case law establishing principles regarding liability for negligent misstatement, from Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964]

Fundamental Breach Doctrine: Legal principle from Photo Production Ltd v Securicor Transport Ltd [1980] regarding the relationship between fundamental breach and exclusion clauses

Canada Steamship Guidelines: Principles from Canada Steamship Lines Ltd v The King [1952] providing guidelines for interpreting exclusion clauses

Data Protection Act 2018: Legislation governing the processing of personal data, including requirements for data protection in contractual relationships

UK GDPR: Post-Brexit data protection regulation implementing European-style data protection requirements in UK law

Human Rights Act 1998: Legislation incorporating European Convention rights into UK law, which may affect the interpretation and enforcement of release agreements

Equality Act 2010: Legislation prohibiting discrimination, which must be considered to ensure the agreement contains no discriminatory terms

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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