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Release Of Liability For Property Damage

Release Of Liability For Property Damage Template for Indonesia

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Key Requirements PROMPT example:

Release Of Liability For Property Damage

"I need a Release of Liability for Property Damage agreement for my retail business in Jakarta, where a delivery truck caused damage to our storefront on January 15, 2025, and the trucking company has agreed to pay IDR 50,000,000 as settlement."

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Document background
The Release of Liability for Property Damage is a crucial legal document used in Indonesia when parties wish to settle and resolve claims arising from property damage incidents. This document is particularly relevant in situations where one party agrees to release another from liability in exchange for consideration, typically monetary compensation. It operates within the framework of Indonesian civil law, specifically the Indonesian Civil Code (KUHPerdata), and must comply with local requirements for valid contracts and liability waivers. The document is commonly used in various contexts, from simple property damage settlements between individuals to complex commercial arrangements involving multiple parties. It includes essential provisions for identifying the parties, describing the damage incident, specifying the consideration provided, and establishing the scope of the release. The document must be carefully drafted to ensure enforceability under Indonesian law while protecting the interests of all parties involved.
Suggested Sections

1. Parties: Identifies and provides full details of the Releasor (party granting the release) and Releasee (party being released from liability)

2. Background: Describes the context of the agreement, including reference to the property damage incident and the parties' desire to settle any claims

3. Definitions: Defines key terms used in the agreement, including 'Property Damage', 'Claims', 'Release', and other relevant terms

4. Description of Incident: Detailed description of the property damage incident, including date, location, and nature of the damage

5. Consideration: States the consideration (usually monetary) being provided in exchange for the release

6. Release Terms: Core section detailing the scope of the release, specifically what claims are being released and waived

7. Representations and Warranties: Statements by the Releasor about their authority to grant the release and ownership of the claims being released

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

9. Execution: Signature block and execution requirements, including witness provisions as required under Indonesian law

Optional Sections

1. Insurance Claims: Include when there are relevant insurance policies and claims to address

2. Future Damages: Include when the release needs to cover potential future damages that may arise from the same incident

3. Confidentiality: Include when parties wish to keep the terms of the settlement confidential

4. Return of Property: Include when damaged property needs to be returned or disposed of as part of the agreement

5. Dispute Resolution: Include when parties wish to specify mediation or arbitration procedures for any disputes

6. Severability: Include when parties want to ensure that if any provision is found invalid, the rest of the agreement remains in force

Suggested Schedules

1. Schedule A - Property Damage Documentation: Photographs, repair estimates, and other documentation of the property damage

2. Schedule B - Incident Report: Official reports or documentation of the incident (if any)

3. Schedule C - Payment Details: Details of any settlement payment, including payment method and timeline

4. Schedule D - Property Description: Detailed description and/or inventory of the damaged property

5. Appendix 1 - Witness Statements: Statements from witnesses to the incident or damage, if applicable

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Construction

Manufacturing

Retail

Hospitality

Warehousing and Logistics

Property Management

Insurance

Transportation

Events and Entertainment

Facilities Management

Industrial Operations

Relevant Teams

Legal

Risk Management

Operations

Facilities Management

Property Management

Insurance

Compliance

Administrative

Real Estate

Asset Management

Maintenance

Safety and Security

Relevant Roles

Risk Manager

Legal Counsel

Property Manager

Facility Manager

Claims Adjuster

Insurance Agent

Corporate Secretary

Compliance Officer

Operations Manager

Real Estate Manager

Asset Manager

Contract Administrator

General Manager

Safety Officer

Maintenance Supervisor

Industries
Indonesian Civil Code (KUHPerdata) - Book III on Obligations: Contains fundamental principles of contract law, including requirements for valid agreements, consent, capacity, and legal cause. Articles 1233-1456 specifically deal with contractual obligations and liability.
Indonesian Civil Code (KUHPerdata) - Article 1365: Defines tortious liability (unlawful acts) and establishes the basic principles for claiming damages due to wrongful acts, which is crucial for understanding what can and cannot be waived in a release.
Law No. 8 of 1999 on Consumer Protection: Regulates business-consumer relationships and sets limitations on liability waivers, ensuring they don't unfairly disadvantage consumers or violate their basic rights.
Indonesian Civil Code Articles 1320-1337: Specifies the four essential conditions for valid contracts: consent, capacity, definite object, and lawful cause. These articles are crucial for ensuring the release agreement is legally binding.
Indonesian Civil Code Articles 570-584: Defines property rights and ownership, which is relevant when dealing with property damage claims and the scope of the release.
Government Regulation No. 58 of 2001: Implements the Consumer Protection Law and provides guidance on the formation and enforcement of agreements between businesses and consumers, including liability limitations.
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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