The Simple Hold Harmless Agreement is a fundamental risk management tool used in various business and personal contexts under Swiss law. This document is particularly useful when parties need to clearly define and allocate risk in their business relationships, whether for specific events, ongoing services, or property use. The agreement helps protect parties from potential legal claims and financial losses while ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations' provisions regarding liability limitations. It's commonly used in situations ranging from property leasing to service provision, event organization, and business partnerships. The document typically includes specific indemnification terms, notification requirements, and dispute resolution procedures, all tailored to align with Swiss legal standards and business practices.
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1. Parties: Identification and details of the Indemnitor (party providing indemnification) and Indemnitee (party being indemnified)
2. Background: Context of the agreement, relationship between parties, and purpose of the indemnification
3. Definitions: Key terms used in the agreement, including 'Claims', 'Losses', 'Indemnified Events', and other relevant definitions
4. Scope of Indemnification: Detailed description of what events, activities, or circumstances are covered by the indemnification
5. Indemnification Obligations: Specific obligations of the Indemnitor, including defense, payment, and settlement of claims
6. Limitations of Liability: Limitations in accordance with Swiss law, particularly regarding gross negligence and willful misconduct
7. Notice Requirements: Procedures and timeframes for notifying the Indemnitor of claims
8. Duration: Term of the indemnification agreement and survival provisions
9. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
10. Entire Agreement and Amendments: Integration clause and procedures for modifying the agreement
1. Insurance Requirements: Required when specific insurance coverage is needed to support the indemnification obligations
2. Subrogation Rights: Include when dealing with insurance-related matters or third-party rights
3. Severability: Optional clause for contract survival if certain provisions are found invalid
4. Force Majeure: Include when indemnification should address extraordinary events outside parties' control
5. Alternative Dispute Resolution: Optional provision for mediation or arbitration before court proceedings
6. Confidentiality: Include when the indemnified activities involve confidential information
7. Assignment: Include when transfer of indemnification rights needs to be addressed
1. Schedule A - Indemnified Activities: Detailed list of specific activities, events, or circumstances covered by the indemnification
2. Schedule B - Excluded Claims: List of specific exclusions from the indemnification coverage
3. Schedule C - Insurance Requirements: Detailed insurance requirements if applicable, including types and amounts of coverage
4. Appendix 1 - Notice Information: Contact details and procedures for claim notifications
5. Appendix 2 - Claim Handling Procedures: Step-by-step procedures for handling and processing claims
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