Release And Waiver Of Claims

Release And Waiver Of Claims Template for Indonesia

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Key Requirements PROMPT example:

"I need a Release and Waiver of Claims agreement under Indonesian law between my construction company (PT. Bangunan Jaya) and a former contractor who suffered a minor workplace injury, including confidentiality provisions and a settlement payment of IDR 50,000,000 to be paid by March 15, 2025."

Document background

The Release And Waiver of Claims is a critical legal document used in Indonesian business and personal contexts to formally settle disputes and prevent future litigation. It's commonly employed following incidents, disputes, or as part of settlement agreements, where one party agrees to waive their right to pursue legal claims in exchange for consideration. Under Indonesian law, particularly the Civil Code (KUHPerdata), such documents must meet specific requirements including clear identification of released claims, adequate consideration, and proper execution formalities. The document should be drafted in Indonesian or bilingually to comply with Law No. 24 of 2009, and must clearly outline the scope of claims being released, ensuring all parties understand their rights and obligations.

Suggested Sections

1. Parties: Identification of the Releasor (party giving up claims) and Releasee (party being released), including full legal names and addresses

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

3. Definitions: Key terms used in the agreement, including 'Claims', 'Released Parties', and specific terms relevant to the situation

4. Release and Waiver: Core section detailing the specific claims, rights, and causes of action being released

5. Consideration: Statement of the consideration being provided in exchange for the release

6. Representations and Warranties: Statements by the Releasor about their authority to grant the release and understanding of what is being waived

7. Governing Law: Specification that Indonesian law governs the agreement

8. Execution: Signature blocks and execution requirements

Optional Sections

1. Confidentiality: Include when the parties wish to keep the existence or terms of the release confidential

2. Future Claims: Additional provisions specifically addressing waiver of unknown future claims

3. Non-Admission of Liability: Statement that the release does not constitute admission of liability by any party

4. Return of Property: Include when physical or intellectual property needs to be returned as part of the settlement

5. Non-Disparagement: Include when parties wish to prevent negative statements about each other

6. Survival: Specifies which provisions survive termination of the agreement

7. Language Declaration: Required when document is bilingual, stating which language version prevails

Suggested Schedules

1. Schedule A - Released Claims: Detailed list of specific claims being released

2. Schedule B - Released Parties: Comprehensive list of all parties being released, including affiliated entities

3. Schedule C - Excluded Claims: List of any claims specifically excluded from the release

4. Appendix 1 - Indonesian Language Version: Full Indonesian translation when document is bilingual

5. Schedule D - Settlement Payment Details: Details of any monetary consideration, payment terms, and mechanisms

Authors

Alex Denne

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

alex.den.21@genieai.co

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