The Non-Liability Agreement serves as a critical risk management tool for businesses operating in Indonesia, providing a framework for limiting or excluding liability in specific business relationships. This document is particularly relevant when parties need to clearly define their liability exposure in commercial relationships, such as service provision, consulting arrangements, or facility usage. It incorporates key provisions required under Indonesian law, including the Indonesian Civil Code (KUHPerdata) and consumer protection regulations, while addressing specific circumstances where liability limitations are appropriate and enforceable. The agreement is structured to balance the interests of both parties while maintaining compliance with Indonesian legal requirements regarding liability limitations and contractual obligations.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Agreement: Detailed description of activities or services covered by the non-liability provisions
5. Liability Limitations: Specific provisions detailing what liabilities are excluded or limited
6. Exceptions to Non-Liability: Circumstances where liability limitations do not apply (e.g., gross negligence, willful misconduct)
7. Indemnification: Mutual or one-way indemnification obligations between parties
8. Duration and Termination: Term of the agreement and conditions for termination
9. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
10. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties
1. Insurance Requirements: Required when parties need to maintain specific insurance coverage despite liability limitations
2. Confidentiality: Include when parties will exchange confidential information during their relationship
3. Force Majeure: Add when needing to address liability during extraordinary events outside parties' control
4. Assignment: Include when there's a need to restrict or permit transfer of rights under the agreement
5. Notices: Add when formal communication procedures need to be established between parties
6. Dispute Resolution: Include when parties want to specify alternative dispute resolution methods before litigation
1. Schedule A - Specific Activities: Detailed list of activities or services covered by the non-liability provisions
2. Schedule B - Excluded Liabilities: Comprehensive list of specific liabilities being excluded
3. Schedule C - Insurance Requirements: Detailed insurance requirements if applicable
4. Appendix 1 - Contact Details: Contact information for key personnel and official notices
5. Appendix 2 - Special Conditions: Any special conditions or circumstances affecting liability limitations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Manufacturing
Construction
Events and Entertainment
Education and Training
Real Estate
Healthcare
Retail
Hospitality
Sports and Recreation
Transportation and Logistics
Industrial Services
Consumer Services
Relevant Teams
Legal
Risk Management
Compliance
Operations
Commercial
Business Development
Contract Administration
Facility Management
Project Management
Corporate Affairs
General Counsel Office
Procurement
Vendor Management
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Business Development Manager
Operations Director
Contract Administrator
Chief Legal Officer
Facility Manager
Project Manager
Commercial Director
General Manager
Chief Operating Officer
Business Owner
Partnership Manager
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