Waiver And Indemnity Agreement for Indonesia

Waiver And Indemnity Agreement Template for Indonesia

This document is a comprehensive Waiver and Indemnity Agreement tailored for use under Indonesian law, particularly compliant with the Indonesian Civil Code (KUHPerdata) and relevant consumer protection regulations. It serves as a legal instrument where one party agrees to waive certain rights to make claims against another party and provides indemnification for specified risks and liabilities. The agreement includes detailed provisions for risk acknowledgment, scope of waiver, indemnification obligations, and enforcement mechanisms, all structured to ensure validity and enforceability within the Indonesian legal framework.

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What is a Waiver And Indemnity Agreement?

The Waiver And Indemnity Agreement is essential for businesses and organizations operating in Indonesia who need to manage legal risks associated with their activities or services. This document type is commonly used when one party engages in potentially risky activities or services provided by another party, requiring clear documentation of risk assumption and liability allocation. The agreement must comply with Indonesian legal requirements, particularly the Indonesian Civil Code (KUHPerdata) and consumer protection laws, while providing comprehensive protection for the indemnified party. It typically includes detailed sections on risk acknowledgment, scope of waiver, indemnification obligations, and enforcement provisions, making it suitable for various commercial and recreational activities where risk management is crucial.

What sections should be included in a Waiver And Indemnity Agreement?

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and any relevant registration numbers for corporate entities

2. Background: Context of the agreement, including the relationship between parties and the activities or circumstances giving rise to the need for the waiver and indemnity

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Claims', 'Losses', 'Indemnified Parties', and specific activities covered

4. Waiver Provisions: Detailed description of rights being waived, including scope, duration, and specific activities or circumstances covered by the waiver

5. Indemnification Obligations: Comprehensive outline of indemnification obligations, including what losses are covered, procedures for claiming indemnification, and any limitations

6. Risk Acknowledgment: Explicit acknowledgment of risks associated with the activities covered by the waiver

7. Representations and Warranties: Statements of fact and promises made by each party regarding their capacity to enter the agreement and understanding of its implications

8. Duration and Survival: Term of the agreement and which provisions survive termination

9. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and designation of competent courts or arbitration

10. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

What sections are optional to include in a Waiver And Indemnity Agreement?

1. Insurance Requirements: Required when specific insurance coverage is needed to support indemnification obligations

2. Parent/Guardian Consent: Required when the agreement involves minors or persons under guardianship

3. Emergency Medical Authorization: Optional section for agreements involving physical activities or events where medical emergencies might occur

4. Confidentiality: Required when the activities covered involve access to confidential information

5. Photo/Media Release: Optional when the activities may involve photography or media recording

6. Special Risk Provisions: Required for high-risk activities or special circumstances requiring additional waivers

7. Force Majeure: Optional clause for addressing unforeseeable circumstances, particularly relevant for ongoing obligations

What schedules should be included in a Waiver And Indemnity Agreement?

1. Schedule A - Description of Activities: Detailed description of activities or services covered by the waiver and indemnity

2. Schedule B - Specific Risks: Comprehensive list of specific risks being waived and indemnified against

3. Schedule C - Insurance Requirements: Detailed insurance requirements including types of coverage, amounts, and specific conditions

4. Appendix 1 - Incident Report Form: Standard form for reporting incidents that may trigger indemnification obligations

5. Appendix 2 - Emergency Contact Information: Contact details for emergency situations and notification procedures

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

Indonesia

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Clauses
Relevant Industries

Sports and Recreation

Education and Training

Healthcare

Entertainment

Tourism and Hospitality

Adventure Sports

Professional Services

Events Management

Fitness and Wellness

Construction

Manufacturing

Research and Development

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facility Management

Events

Safety and Security

Contract Administration

Business Development

Human Resources

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Director

Facility Manager

Event Coordinator

Safety Officer

Contract Administrator

Business Development Manager

Human Resources Manager

General Manager

Chief Operating Officer

Program Director

Training Coordinator

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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