The General Release Of Liability Form is a crucial legal instrument in Indonesian business and personal transactions, designed to protect parties from future claims or litigation. It finds application in various scenarios, from recreational activities to business operations, where one party wishes to waive their right to sue another for potential injuries, damages, or losses. The document must comply with Indonesian Civil Code requirements and consumer protection laws, particularly regarding fair contract terms and language requirements. It typically includes specific details about the activities or circumstances being released, the scope of the release, and any exceptions. This form is especially important in risk-management strategies for businesses operating in Indonesia, where it helps establish clear boundaries of liability while maintaining compliance with local legal requirements.
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1. Parties: Identifies and provides full details of the Releasor (person giving the release) and Releasee (person being released from liability)
2. Background: Explains the context and circumstances leading to the release, including any relevant incidents or relationships between the parties
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Release and Waiver: The core provision detailing the scope of the release, specifically what claims, rights, and causes of action are being waived
5. Consideration: States the consideration given in exchange for the release, even if nominal
6. Representations and Warranties: Statements by the Releasor confirming their understanding of the release and authority to grant it
7. Governing Law: Specifies Indonesian law as governing law and jurisdiction for any disputes
8. Language: Stipulates that the document is executed in both Indonesian and English, with Indonesian version prevailing
9. Execution: Signature blocks and execution formalities
1. Future Claims: Optional clause specifically addressing whether future or unknown claims are included in the release. Used when broader protection is needed.
2. Indemnification: Additional protection requiring the Releasor to indemnify the Releasee against third-party claims. Used in high-risk situations.
3. Confidentiality: Requires parties to keep the terms of the release confidential. Used in sensitive situations or business contexts.
4. Severability: Ensures survival of remaining provisions if any provision is found invalid. Used in complex releases.
5. Insurance: Addresses insurance coverage and subrogation rights. Used when insurance is relevant to the released claims.
6. Dispute Resolution: Detailed procedures for resolving disputes, including mediation or arbitration. Used in complex situations or high-value releases.
1. Schedule A - Description of Incident: Detailed description of the specific incident, accident, or circumstance being released
2. Schedule B - Released Claims: Itemized list of specific claims, rights, or causes of action being released
3. Schedule C - Excluded Claims: List of any claims specifically excluded from the release
4. Appendix 1 - Supporting Documents: Copies of relevant documents referenced in the release (e.g., accident reports, medical records)
5. Appendix 2 - Witness Statements: If applicable, statements from witnesses to the incident being released
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