The Hold Harmless Agreement serves as a critical risk management tool in German business relationships, providing a framework for allocating liability and managing potential risks between parties. It is commonly used in situations where one party wishes to protect itself from liability arising from specific activities, services, or circumstances. The agreement must be carefully structured to comply with German legal requirements, particularly the German Civil Code (BGB) provisions regarding standard business terms and liability limitations. This document typically includes detailed sections covering the scope of indemnification, procedures for handling claims, notice requirements, and specific obligations of both parties. It's essential in various business contexts, from construction projects to service agreements, where clear allocation of risk and liability is crucial for business operations.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identification and details of the indemnitor (party providing indemnification) and indemnitee (party being indemnified)
2. Background: Context of the agreement, relationship between parties, and general purpose of the indemnification
3. Definitions: Key terms used in the agreement, including 'Indemnified Parties', 'Claims', 'Losses', and other relevant definitions
4. Scope of Indemnification: Detailed description of what risks, losses, and claims are covered by the indemnification
5. Indemnification Obligations: Specific obligations of the indemnitor, including timing and process for indemnification
6. Notice Requirements: Procedures and timeframes for notifying the indemnitor of claims
7. Defense of Claims: Process for defending against third-party claims, including control of defense and settlement
8. Limitations and Exclusions: Any limitations on the scope of indemnification and specific exclusions
9. Duration: Term of the indemnification obligations
10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Insurance Requirements: Requirements for insurance coverage to support indemnification obligations, used when specific insurance is needed
2. Representations and Warranties: Specific statements about facts or promises related to the indemnification, used in complex transactions
3. Cooperation: Detailed procedures for cooperation between parties in handling claims, used in complex situations
4. Survival: Provisions specifying which obligations survive termination, used in long-term relationships
5. Force Majeure: Provisions for extraordinary events affecting performance, used when relevant to the context
6. Subrogation Rights: Rights of the indemnitor to pursue claims against third parties, used in specific liability contexts
7. Severability: Provisions for maintaining validity if parts are found unenforceable, particularly important under German law
1. Schedule of Indemnified Activities: Detailed list of specific activities or operations covered by the indemnification
2. Schedule of Excluded Claims: Specific list of claims or losses explicitly excluded from the indemnification
3. Insurance Requirements Schedule: Detailed insurance requirements including types, amounts, and specific coverage terms
4. Form of Notice: Template for required notices under the agreement
5. Risk Assessment Schedule: Detailed assessment of risks covered by the indemnification
Find the exact document you need
Hold And Harmless Agreement
A German law-compliant agreement where one party assumes liability and agrees to indemnify another party against specific risks and claims.
Download
Release And Hold Harmless Agreement
A German law-governed agreement releasing one party from liability for specified risks while maintaining compliance with mandatory German legal protections.
Download
Hold Harmless Release Form
A German law-compliant liability waiver agreement that releases one party from specific legal claims while adhering to strict German limitations on liability exclusions.
Download
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it