The Non Liable Agreement is designed for use in business relationships where parties need to clearly define and limit their potential liabilities under Belgian law. This document is particularly relevant when providing services, conducting potentially risky activities, or entering into business relationships where clear boundaries of responsibility need to be established. The agreement carefully balances the principles of contractual freedom under Belgian civil law with the limitations imposed by Belgian and EU regulations regarding liability exclusions. It includes essential provisions required by Belgian law while incorporating specific liability limitations that are enforceable within the Belgian legal framework. The document is structured to provide maximum protection while maintaining compliance with Belgian legal requirements regarding good faith (Article 1134 of the Civil Code) and the enforceability of liability limitations.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context and purpose of the agreement, including the relationship between the parties
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Scope of Agreement: Detailed description of the activities, services, or relationship covered by the agreement
5. Liability Limitations: Clear and specific limitations of liability, including what is and is not covered
6. Warranties and Representations: Statements about what each party does and does not warrant or represent
7. Duration: Term of the agreement, including start date and duration
8. Termination: Conditions and process for terminating the agreement
9. Force Majeure: Circumstances under which parties are excused from performance
10. Notices: How and where official communications between parties should be made
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and relevant jurisdiction
12. Entire Agreement: Confirmation that this document represents the complete agreement between parties
1. Confidentiality: Terms regarding confidential information handling - include if sensitive information will be shared
2. Insurance: Requirements for insurance coverage - include if relevant to the activities covered
3. Intellectual Property: IP rights and obligations - include if any IP is involved in the relationship
4. Data Protection: GDPR and data protection compliance - include if personal data is processed
5. Assignment: Rights to assign the agreement to other parties - include for complex business relationships
6. Dispute Resolution: Alternative dispute resolution procedures - include if parties want to specify mediation or arbitration
7. Severability: Provision for partial invalidity - include in complex agreements
8. Language: Official language version - include if multiple language versions exist
1. Schedule 1 - Scope of Services: Detailed description of services or activities covered by the agreement
2. Schedule 2 - Specific Exclusions: Detailed list of specifically excluded liabilities and obligations
3. Schedule 3 - Contact Details: Detailed contact information for key personnel and notices
4. Schedule 4 - Service Levels: Any applicable service levels or performance metrics, if relevant
5. Appendix A - Insurance Requirements: Detailed insurance requirements if applicable
6. Appendix B - Data Processing Terms: Detailed data protection terms if personal data is processed
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