The General Release and Waiver is a crucial legal instrument in Indonesian business and civil matters, used to formally resolve disputes and release parties from claims or obligations. This document is particularly relevant in situations involving settlement of disputes, termination of relationships, or conclusion of transactions where parties seek to prevent future claims. It must comply with Indonesian Civil Code requirements, particularly Articles 1320 and 1381 regarding contract formation and release of obligations. The document is commonly used in employment separations, business transactions, settlement agreements, and other situations requiring formal release of rights or claims. It typically includes detailed provisions about the scope of release, consideration, representations and warranties, and governing law, all tailored to meet Indonesian legal requirements.
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1. Parties: Identification of all parties involved in the release, including full legal names, addresses, and any relevant registration numbers for companies
2. Background: Context of the situation leading to the release, including any relevant prior agreements or disputes
3. Definitions: Key terms used throughout the document, ensuring clarity and preventing misinterpretation
4. Scope of Release: Detailed description of claims, rights, and obligations being released, including temporal scope
5. Consideration: Statement of the consideration being provided in exchange for the release
6. Representations and Warranties: Statements confirming the parties' authority, understanding, and voluntary execution of the release
7. No Admission of Liability: Statement that the release does not constitute an admission of liability by any party
8. Confidentiality: Obligations regarding confidentiality of the release terms and related matters
9. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and designation of relevant courts
10. Execution: Formal closing and signature blocks compliant with Indonesian requirements
1. Non-Disparagement: Mutual agreements not to make negative statements about other parties, particularly relevant in employment or business relationship contexts
2. Return of Property: Provisions regarding the return of any physical or intellectual property, relevant when tangible items or confidential information are involved
3. Future Cooperation: Terms regarding any required future cooperation between parties, useful in ongoing business relationships
4. Tax Implications: Statements regarding tax responsibilities and implications, particularly relevant when monetary consideration is involved
5. Severability: Provision ensuring survival of remaining terms if any portion is found invalid, recommended for complex releases
6. Language Requirements: Provisions regarding dual-language requirements and prevailing language, necessary when involving international parties
1. Schedule of Released Claims: Detailed list of specific claims, disputes, or matters being released
2. Schedule of Excluded Claims: List of any specific claims or rights explicitly excluded from the release
3. Payment Schedule: Details of any payment arrangements if monetary consideration is involved
4. Property Schedule: Inventory of any property to be returned or transferred between parties
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