Simple Release Agreement for Germany

Simple Release Agreement Template for Germany

A Simple Release Agreement under German law (governed by the Bürgerliches Gesetzbuch - BGB) is a legally binding document where one party agrees to release another party from specific claims, liabilities, or obligations. This document, while straightforward in its core purpose, must comply with German civil law requirements for contract formation and validity. It includes essential provisions for the release of claims, consideration, and representations, while incorporating necessary safeguards to ensure enforceability under German jurisdiction. The agreement serves as a formal resolution tool, providing legal certainty and finality to both parties regarding the matters being released.

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What is a Simple Release Agreement?

The Simple Release Agreement is a fundamental legal instrument used in German business and personal contexts to formally resolve and close out potential claims or disputes between parties. This document type is particularly relevant when parties wish to achieve a clean break and legal certainty regarding specific claims or potential liabilities. Under German law, such agreements must be carefully drafted to ensure compliance with the Civil Code (BGB) and related regulations. The document typically includes clear identification of the parties, explicit description of the claims being released, and any consideration being provided. It's commonly used in employment terminations, settlement of disputes, completion of projects, or conclusion of business relationships where parties want to prevent future claims relating to past events or circumstances.

What sections should be included in a Simple Release Agreement?

1. Parties: Identification and details of the releasing party and the released party, including full legal names and addresses

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

3. Definitions: Key terms used in the agreement, particularly defining the scope of 'Claims' being released

4. Release: Core provision detailing the specific claims, rights, and obligations being released

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

6. Representations and Warranties: Basic representations about the authority to enter into the agreement and understanding of its terms

7. Severability: Provision ensuring partial invalidity doesn't void the entire agreement

8. Governing Law: Explicit statement that German law governs the agreement

9. Execution: Signature blocks and date of agreement

What sections are optional to include in a Simple Release Agreement?

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

2. Non-Disparagement: Include when parties agree not to make negative statements about each other

3. Future Cooperation: Include when parties need to specify any ongoing obligations or cooperation requirements

4. Return of Property: Include when there is physical or intellectual property that needs to be returned

5. Data Protection: Include when personal data processing is involved, addressing GDPR requirements

6. Tax Implications: Include when the release involves payments with potential tax consequences

What schedules should be included in a Simple Release Agreement?

1. Schedule 1 - Released Claims: Detailed list of specific claims being released, if too extensive for main agreement

2. Schedule 2 - Release Payment Details: Payment terms and schedule if applicable

3. Appendix A - Related Parties: List of affiliated entities or individuals covered by the release

4. Appendix B - Excluded Claims: Specific list of claims explicitly excluded from the release

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Technology

Manufacturing

Healthcare

Construction

Professional Services

Real Estate

Retail

Entertainment

Education

Transportation

Energy

Insurance

Telecommunications

Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Operations

Finance

Corporate Governance

Administrative

Business Development

Contract Management

Relevant Roles

Legal Counsel

HR Manager

Risk Manager

Compliance Officer

Contract Administrator

Project Manager

Business Development Manager

Operations Director

General Manager

Chief Legal Officer

Chief Financial Officer

HR Director

Settlement Officer

Claims Manager

Corporate Secretary

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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