Indemnification Release Form Template for Netherlands

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Key Requirements PROMPT example:

Indemnification Release Form

"I need an Indemnification Release Form under Dutch law for our software company's sale of custom applications to a retail client, releasing us from any future claims related to the software's performance after January 2025, while including specific carve-outs for intentional misconduct."

Document background

The Indemnification Release Form serves as a crucial legal instrument in Dutch business and personal transactions where parties seek to formally resolve potential liabilities or claims. This document is commonly used in various scenarios including post-dispute settlements, business transactions, corporate restructuring, or risk management arrangements. Under Dutch law, the form must comply with the Civil Code (Burgerlijk Wetboek) requirements, particularly Books 3 and 6 regarding obligations and contracts. The document typically includes detailed provisions about the scope of release, consideration, representations, and warranties, while ensuring alignment with Dutch principles of reasonableness and fairness (redelijkheid en billijkheid). It's particularly valuable in situations where clear documentation of liability release and indemnification obligations is essential for risk management and legal certainty.

Suggested Sections

1. Parties: Identification and details of the indemnitor (party providing indemnification) and indemnitee (party being indemnified)

2. Background: Context of the relationship between parties and circumstances leading to the indemnification

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Claims', 'Losses', and scope of indemnification

4. Scope of Release: Detailed description of what claims, liabilities, or rights are being released or indemnified against

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

6. Representations and Warranties: Statements by both parties regarding their authority to enter into the agreement and understanding of its terms

7. Duration: Period for which the indemnification remains valid

8. Governing Law: Explicit statement that Dutch law governs the agreement and jurisdiction details

9. Signatures: Execution block with date and signature lines for all parties

Optional Sections

1. Exceptions to Release: Used when certain claims or rights are specifically excluded from the scope of the release

2. Insurance Requirements: Include when specific insurance coverage must be maintained by either party

3. Confidentiality: Added when the circumstances of the release involve sensitive information

4. Future Cooperation: Include when parties need to specify obligations for future cooperation or assistance

5. Third Party Rights: Used when the release affects or benefits third parties

6. Severability: Include when there's a need to ensure partial invalidity doesn't affect the entire agreement

7. Assignment: Added when transfer rights need to be specifically addressed

Suggested Schedules

1. Schedule A - Description of Released Claims: Detailed list or description of specific claims, incidents, or circumstances covered by the release

2. Schedule B - Excluded Claims: List of specific claims or rights explicitly excluded from the release

3. Appendix 1 - Related Agreements: Copies or references to related agreements affecting the release

4. Appendix 2 - Insurance Certificates: Copies of relevant insurance certificates when insurance requirements are included

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

alex.den.21@genieai.co

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