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Indemnification Waiver Template for Belgium

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Key Requirements PROMPT example:

Indemnification Waiver

"I need an Indemnification Waiver under Belgian law for a software development company providing services to a financial institution, with specific focus on data protection and cybersecurity risks, to be effective from March 2025."

Document background
The Indemnification Waiver is a critical risk management tool used in various business and personal contexts under Belgian law. It serves to formally document the voluntary relinquishment of indemnification rights by one party in favor of another, typically in exchange for some benefit or as part of a broader business arrangement. This document type is particularly important in Belgium's civil law system, where the enforceability of such waivers is subject to specific legal requirements and limitations. The waiver must be carefully drafted to comply with Belgian federal and regional laws, EU regulations, and cannot exclude liability for certain matters such as willful misconduct or gross negligence. It's commonly used in business transactions, service agreements, participation in activities, and various commercial arrangements where parties seek to allocate risk and establish clear boundaries of liability.
Suggested Sections

1. Parties: Identification and details of the party granting the waiver (indemnitor) and the party receiving the benefit of the waiver (indemnitee)

2. Background: Context of the relationship between the parties and circumstances leading to the indemnification waiver

3. Definitions: Clear definitions of key terms used in the waiver, including 'Claims', 'Losses', 'Liabilities', and specific activities covered

4. Scope of Waiver: Detailed description of what claims, rights, and remedies are being waived, with specific reference to Belgian law requirements

5. Excluded Liabilities: Express statement of liabilities that cannot be waived under Belgian law, including willful misconduct and gross negligence

6. Representations and Warranties: Statements confirming the parties' understanding of the waiver and their authority to enter into it

7. Duration: Period during which the waiver remains effective

8. Governing Law and Jurisdiction: Explicit statement that Belgian law governs the waiver and designation of competent courts

Optional Sections

1. Consideration: Details of any consideration provided in exchange for the waiver, if applicable

2. Insurance: Requirements for insurance coverage, if relevant to the waiver arrangement

3. Severability: Provision addressing the survival of remaining terms if any part is found invalid

4. Language: Required for documents that may be used in multiple Belgian language regions, specifying the prevailing language version

5. Third Party Rights: Provisions regarding the rights of third parties under the waiver, if applicable

6. Notice Requirements: Procedures for providing notice related to claims or other matters under the waiver

Suggested Schedules

1. Schedule of Specific Activities: Detailed list of activities or circumstances covered by the waiver

2. Schedule of Excluded Claims: Specific enumeration of claims and liabilities explicitly excluded from the waiver

3. Risk Assessment: Documentation of risks evaluated in connection with the waiver

4. Required Notices and Disclaimers: Standard form notices or disclaimers required under Belgian law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Manufacturing

Construction

Professional Services

Real Estate

Technology

Events and Entertainment

Healthcare

Financial Services

Transportation and Logistics

Education

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Retail

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Industrial Services

Consumer Goods

Relevant Teams

Legal

Risk Management

Compliance

Operations

Finance

Corporate Affairs

Commercial

Business Development

Insurance

Contract Administration

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Manager

Business Development Manager

Operations Director

Project Manager

Chief Financial Officer

Insurance Manager

Corporate Secretary

General Counsel

Commercial Director

Chief Risk Officer

Legal Operations Manager

Business Unit Director

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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