Release And Hold Harmless Agreement Template for Malaysia

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Key Requirements PROMPT example:

Release And Hold Harmless Agreement

"I need a Release and Hold Harmless Agreement for my manufacturing company based in Penang, Malaysia, to be used with our equipment suppliers and maintenance contractors who will be performing high-risk machinery installations starting March 2025."

Document background
The Release And Hold Harmless Agreement is a critical risk management tool commonly used in Malaysian business and personal transactions where one party seeks to be released from liability while securing protection against future claims. This document is particularly relevant in situations involving potentially risky activities, business transactions, or settlements of disputes. It combines two key elements: a release of liability for past or current claims and a forward-looking indemnification provision. The agreement must comply with Malaysian legal requirements, including the Contracts Act 1950 and relevant case law regarding liability limitations. It's commonly used in various contexts, from corporate transactions to personal injury settlements, and can be customized to address specific risks or activities while maintaining enforceability under Malaysian law.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including the Releasor and Releasee

2. Background: Provides context for the agreement, including relevant circumstances leading to the need for release

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

4. Release of Claims: Details the specific claims, rights, and causes of action being released

5. Hold Harmless Provision: Specifies the indemnification obligations and scope of protection

6. Consideration: States the consideration given in exchange for the release and hold harmless provisions

7. Duration: Specifies the time period for which the release and hold harmless provisions remain effective

8. Governing Law: Establishes Malaysian law as the governing law and jurisdiction

9. Entire Agreement: Confirms that the document represents the complete agreement between parties

10. Execution: Contains signature blocks and execution requirements

Optional Sections

1. Insurance Requirements: Details any insurance obligations of either party, used when specific insurance coverage is required as part of the agreement

2. Exceptions to Release: Lists specific claims or rights that are not included in the release, used when certain matters need to be excluded

3. Severability: Ensures remaining provisions stay valid if any provision is found unenforceable, used in complex agreements

4. Future Claims: Addresses treatment of unknown future claims, used when potential future issues need to be addressed

5. Confidentiality: Includes confidentiality obligations regarding the agreement terms, used when privacy is important

6. Assignment: Specifies whether rights under the agreement can be assigned, used in corporate contexts

Suggested Schedules

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

2. Schedule B - Released Parties: Comprehensive list of all parties covered by the release, including affiliated entities if applicable

3. Schedule C - Specific Activities: Description of particular activities or events covered by the release and hold harmless provisions

4. Appendix 1 - Insurance Certificates: Copies of relevant insurance certificates if insurance requirements are included

5. Appendix 2 - Related Agreements: List or copies of any related agreements referenced in the main agreement

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

Sports and Recreation

Healthcare

Real Estate

Event Management

Professional Services

Education

Transportation

Oil and Gas

Technology

Financial Services

Hospitality

Relevant Teams

Legal

Risk Management

Compliance

Operations

Human Resources

Finance

Corporate Secretarial

Insurance

Health and Safety

Facilities Management

Project Management

Business Development

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Corporate Secretary

Operations Director

Project Manager

Facility Manager

Human Resources Director

Contract Administrator

Chief Financial Officer

Insurance Manager

Safety Officer

Business Development Manager

General 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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