The Release And Hold Harmless Form is a critical risk management tool in Indonesian business and personal transactions. It serves to protect parties from liability while ensuring compliance with Indonesian legal requirements, including the Civil Code (KUH Perdata) and consumer protection laws. This document is commonly used in situations involving inherent risks, such as sporting events, property usage, construction projects, or adventure activities. The form must be drafted in Bahasa Indonesia or bilingually when involving foreign parties, as per Law No. 24 of 2009. It typically includes detailed descriptions of the activities covered, specific risks being released, and clear indemnification provisions. The Release And Hold Harmless Form is particularly important in Indonesia's growing service and tourism sectors, where risk management and liability protection are essential for business operations.
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1. Parties: Identification of the Releasor (party giving the release) and Releasee (party being released), including full legal names and addresses
2. Background: Context of the agreement, including the activity or relationship giving rise to the need for the release
3. Definitions: Clear definitions of key terms used in the agreement, including 'Released Claims', 'Losses', and scope of release
4. Release Provisions: Detailed description of what claims, rights, and causes of action are being released
5. Hold Harmless and Indemnification: Specific provisions regarding the indemnification obligations and hold harmless commitments
6. Scope and Duration: Clear delineation of the temporal and substantive scope of the release and indemnification
7. Acknowledgment of Understanding: Statement confirming that the Releasor understands the implications of the agreement
8. Governing Law: Specification that Indonesian law governs the agreement and its interpretation
9. Execution: Signature blocks and execution requirements compliant with Indonesian law
1. Insurance Obligations: Required when the release involves ongoing activities requiring insurance coverage
2. Consideration: Details of any payment or consideration given for the release, if applicable
3. Severability: Clause ensuring survival of provisions if parts are found invalid, recommended for complex releases
4. Dispute Resolution: Specific procedures for handling disputes, recommended for high-value or complex releases
5. Language Declaration: Required when the agreement is bilingual, stating which version prevails
6. Exceptions to Release: Specific exclusions from the release, needed when certain claims cannot legally be waived
7. Representations and Warranties: Additional assurances from either party, useful in complex commercial contexts
1. Schedule A - Description of Activities: Detailed description of activities or circumstances covered by the release
2. Schedule B - Specific Risks: Enumeration of specific risks being released, particularly important for regulated activities
3. Schedule C - Insurance Requirements: Detailed insurance requirements if applicable to the release
4. Appendix 1 - Related Parties: List of additional parties covered by the release (such as employees, agents, etc.)
5. Appendix 2 - Excluded Claims: Specific listing of claims that are not covered by the release
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Construction
Real Estate
Healthcare
Education
Tourism and Hospitality
Manufacturing
Events and Entertainment
Professional Services
Transportation
Retail
Adventure Tourism
Property Management
Industrial Services
Relevant Teams
Legal
Risk Management
Operations
Compliance
Safety and Security
Facilities Management
Human Resources
Contract Administration
Project Management
Corporate Affairs
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Operations Director
Facility Manager
Event Coordinator
Safety Officer
Contract Administrator
Business Development Manager
Property Manager
Human Resources Director
Project Manager
General Counsel
Corporate Secretary
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