The Contract of Indemnity and Guarantee is essential in various commercial transactions under German law where financial security or risk protection is required. This document is commonly used in project finance, corporate transactions, or commercial arrangements where one party needs assurance of performance or protection against potential losses. The agreement combines two distinct but related obligations: a guarantee (Bürgschaft) regulated under §§ 765-778 of the German Civil Code, and an indemnity (Freistellungsvereinbarung) commitment. It's particularly valuable in scenarios involving significant financial exposure, complex project structures, or when parent companies need to support subsidiaries' obligations. The document must carefully balance the interests of all parties while ensuring compliance with German legal requirements regarding form, content, and execution.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identification of all parties: Guarantor/Indemnifier, Beneficiary, and Principal Debtor
2. Background: Context of the guarantee and indemnity, including reference to the underlying obligation or transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee: Specific terms of the guarantee, including the scope of guaranteed obligations and conditions for calling on the guarantee
5. Indemnity: Terms of the indemnity obligation, including trigger events and scope of indemnification
6. Payment Provisions: Terms regarding payment mechanics, currency, timing, and method of payment
7. Representations and Warranties: Statements of fact and assurances from the parties
8. Duration and Termination: Period of validity and circumstances under which the agreement may be terminated
9. Enforcement and Claims Procedure: Process for making claims under the guarantee or indemnity
10. Notices: Requirements for formal communications between parties
11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Security: Include when additional security is provided to support the guarantee/indemnity obligations
2. Assignment and Transfer: Include when rights under the agreement may need to be transferred
3. Bank Guarantee Provisions: Include when a bank is the guarantor, incorporating specific banking regulations
4. Multiple Guarantors: Include when there are multiple guarantors, defining their relationships and obligations
5. Consumer Protection Provisions: Include when one party is a consumer, incorporating mandatory consumer protection requirements
6. Currency Provisions: Include for cross-border transactions involving multiple currencies
7. Force Majeure: Include when specific events should excuse performance
8. Costs and Expenses: Include when specific cost allocation needs to be addressed
1. Form of Demand: Template for making claims under the guarantee or indemnity
2. Guaranteed Obligations: Detailed description of the obligations covered by the guarantee
3. Security Documents: If applicable, documents relating to any security provided
4. Payment Details: Banking and payment information for all parties
5. Form of Notice: Template for formal notices under the agreement
6. Underlying Agreement: Copy or key terms of the agreement being guaranteed
Find the exact document you need
Deed Of Guarantee And Indemnity
A German law-governed deed establishing guarantee and indemnity obligations to secure third-party obligations, compliant with BGB requirements.
Download
Indemnification Agreement For Officers And Directors
German law-governed agreement establishing terms for company indemnification of officers and directors, aligned with German corporate law requirements.
Download
General Indemnity Agreement
A German law-governed agreement establishing indemnification obligations to protect against specified losses and liabilities, structured according to German civil and commercial law requirements.
Download
Deed Of Indemnity Bond
A German law-governed document in English establishing an indemnification obligation to protect against specified losses or liabilities.
Download
Receipt Release And Indemnification Agreement
A German law-governed agreement combining receipt acknowledgment, liability release, and indemnification provisions in a single comprehensive document.
Download
Hold Harmless Indemnity Agreement
A German law-governed agreement where one party agrees to protect another from specified losses and legal claims, structured according to German Civil Code requirements.
Download
Guarantee And Indemnity Agreement
A German law-governed agreement establishing guarantee and indemnity obligations to secure a principal debtor's obligations to a beneficiary.
Download
Mutual Indemnification Agreement
A German law-governed agreement establishing mutual obligations to indemnify between parties for specified losses and liabilities.
Download
Contract Of Indemnity And Guarantee
A German law-governed agreement establishing guarantee and indemnity obligations, defining terms for financial security and loss compensation between parties.
Download
Release Indemnification And Hold Harmless Agreement
A German law-governed agreement providing comprehensive protection through release, indemnification, and hold harmless provisions, ensuring risk transfer and liability protection between parties.
Download
Release And Indemnity Agreement
A German law-governed agreement establishing release of claims and indemnification obligations between parties, with specific provisions complying with German Civil Code requirements.
Download
Indemnification Contract
A German law-governed agreement where one party agrees to protect and compensate another against specified losses or liabilities.
Download
Indemnity Contract
German law-governed Indemnity Contract establishing risk allocation and indemnification obligations between parties under the BGB framework.
Download
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)