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Release Indemnification And Hold Harmless Agreement for Hong Kong

Release Indemnification And Hold Harmless Agreement Template for Hong Kong

A comprehensive legal document governed by Hong Kong law that combines three critical elements: a release of claims, an indemnification provision, and a hold harmless clause. This agreement serves to protect one party (the Releasee) from future claims, lawsuits, or damages by another party (the Releasor), while also requiring the Releasor to indemnify the Releasee against certain specified losses or damages. The document is structured according to Hong Kong legal requirements and common law principles, incorporating necessary provisions for enforceability under Hong Kong jurisdiction while providing clear mechanisms for risk allocation and liability protection.

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Release Indemnification And Hold Harmless Agreement

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What is a Release Indemnification And Hold Harmless Agreement?

The Release Indemnification And Hold Harmless Agreement is a crucial risk management tool commonly used in Hong Kong business and personal transactions. It is particularly relevant in situations where parties seek to resolve existing disputes, prevent future claims, or allocate risk in business relationships. This document is essential in contexts ranging from corporate transactions and property dealings to personal injury settlements and business operations. The agreement must comply with Hong Kong's legal framework, including the Control of Exemption Clauses Ordinance and Contract (Rights of Third Parties) Ordinance. It typically includes detailed provisions about the scope of release, specific indemnification obligations, and hold harmless provisions, all drafted to ensure enforceability under Hong Kong law while providing comprehensive protection for the parties involved.

What sections should be included in a Release Indemnification And Hold Harmless Agreement?

1. Parties: Identifies and defines all parties to the agreement, including the Releasor, Releasee, and any other relevant parties

2. Background: Sets out the context and circumstances leading to the agreement, including any relevant incidents or relationships between the parties

3. Definitions: Defines key terms used throughout the agreement for clarity and precision

4. Release: Details the specific claims, rights, or actions being released by the Releasor

5. Indemnification: Specifies the scope and extent of indemnification provided, including what losses or damages are covered

6. Hold Harmless: Establishes the hold harmless provisions and the extent of protection provided to the Releasee

7. Consideration: States the consideration being provided in exchange for the release and indemnification

8. Representations and Warranties: Sets out the representations and warranties made by each party

9. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and establishes jurisdiction for disputes

10. Entire Agreement: Confirms that the document represents the entire agreement between the parties

11. Execution: Provides for the formal execution of the agreement by all parties

What sections are optional to include in a Release Indemnification And Hold Harmless Agreement?

1. Insurance: Required when specific insurance coverage must be maintained by either party

2. Survival: Needed when certain provisions should survive the termination of the agreement

3. Assignment: Include when transfer of rights under the agreement needs to be addressed

4. Severability: Important when there's risk that certain provisions might be found invalid

5. Third Party Rights: Required when the agreement may affect rights of parties not directly involved

6. Confidentiality: Include when sensitive information is involved in the background or circumstances

7. Dispute Resolution: Optional detailed dispute resolution procedures beyond basic jurisdiction clause

8. Future Claims: Required when addressing potential future or unknown claims

9. Exceptions to Release: Include when certain claims or rights are specifically excluded from the release

What schedules should be included in a Release Indemnification And Hold Harmless Agreement?

1. Schedule 1 - Specific Claims Released: Detailed list of specific claims, actions, or rights being released

2. Schedule 2 - Indemnified Matters: Comprehensive list of matters covered by the indemnification

3. Schedule 3 - Related Parties: List of affiliated parties covered by the release and indemnification

4. Appendix A - Incident Report: If applicable, details of any incident giving rise to the agreement

5. Appendix B - Insurance Requirements: Specific insurance requirements and coverage details if applicable

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

Jurisdiction

Hong Kong

Cost

Free to use
Relevant legal definitions



































Clauses




























Relevant Industries

Construction

Manufacturing

Healthcare

Financial Services

Real Estate

Technology

Transportation

Energy

Professional Services

Entertainment

Sports and Recreation

Education

Retail

Insurance

Maritime

Relevant Teams

Legal

Risk Management

Compliance

Operations

Finance

Insurance

Corporate Secretariat

Business Development

Human Resources

Executive Leadership

Project Management

Property Management

Facilities Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Administrator

Project Manager

Operations Director

Chief Financial Officer

Insurance Manager

Corporate Secretary

Business Development Manager

Property Manager

Construction Manager

Human Resources Director

Chief Executive Officer

General Manager

Industries







Teams

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