Employee Indemnification Agreement Template for New Zealand

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Key Requirements PROMPT example:

Employee Indemnification Agreement

"I need an Employee Indemnification Agreement under New Zealand law for our technology startup's senior developers who will be working on artificial intelligence projects, with specific coverage for intellectual property decisions and algorithm deployment risks."

Document background
The Employee Indemnification Agreement is essential for organizations operating in New Zealand that wish to provide their employees with protection against personal liability arising from their employment duties. This document is typically implemented when employees are exposed to significant decision-making responsibilities or potential risks in their roles. The agreement details the scope of protection, including legal defense costs and damages, while ensuring compliance with New Zealand legislation, particularly the Companies Act 1993 and Employment Relations Act 2000. It is commonly used for senior executives, directors, and key decision-makers, though it can be adapted for various employee levels based on their risk exposure and responsibilities.
Suggested Sections

1. Parties: Identifies the company providing indemnification and the employee being indemnified

2. Background: Explains the context and purpose of the agreement, including the employment relationship

3. Definitions: Defines key terms including 'Indemnified Events', 'Claims', 'Losses', 'Proceedings', and other relevant terminology

4. Scope of Indemnification: Details the specific circumstances and types of claims covered by the indemnification

5. Exclusions from Indemnification: Clearly states what events or actions are not covered by the indemnification

6. Conditions of Indemnification: Outlines the conditions that must be met for the indemnification to be valid

7. Notification and Claims Procedure: Specifies the process for notifying the company of claims and how claims will be handled

8. Company's Rights and Obligations: Details the company's rights in defending claims and its obligations to the employee

9. Employee's Obligations: Specifies the employee's duties in cooperation, disclosure, and conduct

10. Duration and Survival: States how long the indemnification remains in effect, including post-employment coverage

11. General Provisions: Standard contract clauses including governing law, amendments, and severability

Optional Sections

1. Insurance Coverage: Required when the company maintains D&O or other relevant insurance policies that interact with the indemnification

2. International Coverage: Needed when the employee operates across multiple jurisdictions

3. Advancement of Expenses: Optional section for when the company agrees to advance legal fees and other expenses

4. Special Risk Categories: Required for employees in high-risk positions or industries with specific liability concerns

5. Change in Control Provisions: Needed when protection is required in case of company ownership changes

6. Tax Implications: Required when indemnification payments may have significant tax consequences

7. Dispute Resolution: Optional detailed procedures for resolving disputes about indemnification claims

Suggested Schedules

1. Schedule 1: Specified Positions and Roles: Lists specific positions and roles covered by enhanced or modified indemnification terms

2. Schedule 2: Insurance Policies: Details of relevant insurance policies that complement the indemnification

3. Schedule 3: Claims Procedures: Detailed step-by-step procedures for making and processing indemnification claims

4. Appendix A: Form of Claim Notice: Standard template for submitting indemnification claims

5. Appendix B: Excluded Events: Detailed list of specific events or circumstances excluded from indemnification coverage

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

Financial Services

Healthcare

Manufacturing

Technology

Professional Services

Construction

Mining and Resources

Retail and Consumer Goods

Education

Transportation and Logistics

Energy

Telecommunications

Relevant Teams

Executive Leadership

Finance

Legal

Operations

Human Resources

Risk Management

Compliance

Sales and Marketing

Research and Development

Information Technology

Project Management

Investment

Corporate Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Director

Senior Manager

Department Head

Project Manager

Risk Manager

Operations Manager

Financial Controller

Legal Counsel

Human Resources Manager

Sales Director

Technical Lead

Research Director

Investment Manager

Compliance Officer

Board Member

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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