The Release And Indemnity Form is a critical legal instrument used in Swiss business and personal contexts to manage risk and liability exposure. This document serves dual purposes: it releases one party from specific claims or potential claims while establishing indemnification obligations for future protection. Commonly used in various situations such as business transactions, personal injury settlements, property dealings, or service agreements, this form must comply with Swiss legal requirements, particularly the Swiss Code of Obligations. The document is essential when parties wish to achieve finality in resolving disputes or managing potential risks, providing clear terms for both the release of claims and ongoing indemnification obligations. The form's structure and content are specifically tailored to meet Swiss legal standards for enforceability and clarity.
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1. Parties: Identification of the Releaser (indemnifying party) and Releasee (indemnified party) with full legal names and addresses
2. Background: Context of the release and indemnity, including relevant events, relationships, or circumstances leading to this agreement
3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Claims', 'Losses', 'Indemnified Parties', etc.
4. Release Provisions: Detailed description of claims, rights, and actions being released, including temporal scope
5. Indemnification Obligations: Specific indemnification commitments, including scope of protection and covered losses
6. Representations and Warranties: Statements confirming understanding of the release, authority to enter agreement, and voluntary nature of execution
7. Consideration: Description of the consideration provided in exchange for the release and indemnity
8. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of competent courts
9. Entire Agreement: Integration clause confirming this document represents the complete agreement between parties
10. Execution: Signature blocks and execution requirements
1. Survival: Used when certain obligations need to survive the termination of the agreement
2. Insurance: Include when specific insurance requirements are imposed on either party
3. Severability: Include when there's a need to ensure remaining provisions survive if some are found invalid
4. Third Party Rights: Include when the release extends to affiliated parties or when third party beneficiaries are involved
5. Confidentiality: Include when the existence or terms of the release should remain confidential
6. Notice Requirements: Include when ongoing obligations require formal communication procedures
7. Duration and Termination: Include when the release has a specific duration or termination provisions
1. Schedule of Released Claims: Detailed list of specific claims, disputes, or rights being released
2. Schedule of Indemnified Parties: List of additional parties covered by the indemnification provisions
3. Schedule of Activities: Description of specific activities or events covered by the release
4. Schedule of Assets: List of specific assets or properties involved in the release
5. Schedule of Excluded Claims: List of claims or rights specifically excluded from the release
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