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Simple Release Of Liability Template for Malaysia

A Release of Liability agreement under Malaysian law is a legally binding document that releases one party from legal claims, responsibilities, or obligations that might arise from specific activities or circumstances. This document, governed by Malaysian contract law including the Contracts Act 1950, provides protection against future claims while ensuring compliance with local legal requirements. It includes detailed provisions for the scope of release, consideration, and representations by the parties involved, while maintaining enforceability under Malaysian jurisdiction.

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What is a Simple Release Of Liability?

The Simple Release Of Liability agreement is a fundamental risk management tool used in Malaysian business and personal transactions. This document is essential when parties wish to prevent future legal claims arising from specific activities, events, or circumstances. Under Malaysian law, particularly the Contracts Act 1950 and Civil Law Act 1956, such releases must be carefully drafted to ensure enforceability while protecting the parties' interests. The document is commonly used in situations ranging from participation in recreational activities to settlement of disputes, and must include clear terms about the scope of release, consideration provided, and acknowledgment of understanding by all parties involved. It's particularly important to note that certain types of liability cannot be waived under Malaysian law, making precise drafting crucial.

What sections should be included in a Simple Release Of Liability?

1. Parties: Identifies and defines all parties to the agreement, including the releasing party (releasor) and the party being released (releasee)

2. Background: Provides context for the release, including relevant events, relationships, or circumstances leading to the release

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

4. Release and Discharge: Core section detailing the scope of the release, specific claims being released, and the nature of the discharge

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

6. Representations and Warranties: States that the releasing party understands the agreement and has the authority to grant the release

7. No Admission of Liability: Clarifies that the agreement and any consideration do not constitute an admission of liability

8. Governing Law: Specifies that Malaysian law governs the agreement and its interpretation

9. Entire Agreement: Confirms the release agreement represents the complete understanding between the parties

What sections are optional to include in a Simple Release Of Liability?

1. Confidentiality: Include when parties wish to keep the terms of the release and underlying circumstances confidential

2. Insurance: Include when the release involves insurance claims or requires specific insurance arrangements

3. Future Claims: Include when addressing potential future claims or ongoing obligations

4. Return of Property: Include when the release involves the return or transfer of specific property or documents

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

6. Severability: Include when parties want to ensure partial invalidity doesn't void the entire agreement

What schedules should be included in a Simple Release Of Liability?

1. Schedule A - Description of Incident: Detailed description of the incident, accident, or circumstances leading to the release

2. Schedule B - Released Claims: Specific enumeration of claims being released, if applicable

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

4. Schedule D - Property List: Inventory of any property being returned or transferred as part of the release

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

Jurisdiction

Malaysia

Cost

Free to use

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