The Release of Liability Agreement is a crucial legal document used in Indonesia to manage risk and establish clear boundaries of liability between parties. This document is particularly important in situations involving potentially risky activities, services, or facilities where one party wishes to be protected from future legal claims. The agreement must be structured in accordance with Indonesian civil law principles, particularly the Indonesian Civil Code (KUHPerdata) and consumer protection regulations. A properly drafted Release of Liability Agreement should clearly identify the parties, specify the activities or circumstances covered, acknowledge associated risks, and include all necessary elements for enforceability under Indonesian law. It's commonly used in recreational activities, professional services, property usage, and various business operations where risk management is essential.
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1. Parties: Identification of all parties involved, including full legal names, addresses, and any relevant registration numbers for companies
2. Background: Context of the agreement, relationship between parties, and circumstances leading to the need for the release
3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Released Parties', 'Claims', and specific activities covered
4. Scope of Release: Detailed description of what claims, rights, and actions are being released or waived
5. Acknowledgment of Risk: Statement acknowledging the risks involved and confirming understanding of these risks
6. Consideration: Statement of the consideration being provided in exchange for the release
7. Representations and Warranties: Statements confirming the capacity to enter into the agreement and understanding of its implications
8. Governing Law: Specification that Indonesian law governs the agreement and jurisdiction for disputes
9. Execution: Signature blocks and execution requirements complying with Indonesian law
1. Insurance Requirements: Details of any insurance coverage requirements or acknowledgments, used when specific insurance provisions are relevant to the release
2. Medical Authorization: Authorization for emergency medical treatment, included when the release relates to physical activities or events
3. Photo/Media Release: Permission to use photographs or media, included when relevant to the activity or event
4. Indemnification: Additional indemnification provisions beyond the basic release, used in higher-risk situations
5. Severability: Clause ensuring partial enforcement if some provisions are found invalid, recommended for complex agreements
6. Dispute Resolution: Detailed procedures for handling disputes, including mediation or arbitration provisions
7. Duration of Release: Specific time period for the release, used when the release is not intended to be perpetual
8. Third Party Rights: Provisions regarding rights of third parties, used when other parties might be affected by the release
1. Schedule A - Description of Activities: Detailed description of specific activities or events covered by the release
2. Schedule B - Specific Risks: Comprehensive list of specific risks being acknowledged and released
3. Schedule C - Safety Procedures: Required safety procedures or protocols related to the activities
4. Appendix 1 - Insurance Certificates: Copies of relevant insurance certificates or coverage details
5. Appendix 2 - Participant Information: Forms for collecting participant information and emergency contacts
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