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General Mutual Release Template for Switzerland

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Key Requirements PROMPT example:

General Mutual Release

"I need a General Mutual Release agreement under Swiss law for terminating a joint venture partnership between our technology company and a software development firm, with specific provisions for intellectual property rights and ongoing confidentiality obligations."

Document background
A General Mutual Release is commonly used in Switzerland when parties wish to achieve a complete and final settlement of all claims and potential claims between them. This document is particularly valuable following the resolution of a dispute, the termination of a business relationship, or as part of a settlement agreement. The release, governed by Swiss law, typically includes comprehensive definitions of released claims, clear identification of parties, and specific provisions required under Swiss legal principles. It serves as a risk management tool by preventing future litigation and providing certainty to all parties involved. The document must comply with Swiss contract law requirements, particularly those set forth in the Swiss Code of Obligations, and should be drafted with consideration of Swiss civil procedure rules for enforceability.
Suggested Sections

1. Parties: Identification and details of all parties to the release agreement

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

3. Definitions: Definitions of key terms used in the agreement, including 'Claims', 'Released Parties', and other relevant terms

4. Mutual Release: Core provision detailing the mutual release of claims between the parties, including scope and extent of the release

5. Representations and Warranties: Statements by each party regarding their authority to enter into the agreement and ownership of the claims being released

6. No Admission of Liability: Statement that the release does not constitute an admission of liability by any party

7. Consideration: Description of the consideration being exchanged for the release

8. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of competent courts

9. Entire Agreement: Integration clause stating that the document represents the entire agreement between the parties

10. Execution: Provisions regarding execution, including date and signature requirements

Optional Sections

1. Confidentiality: Provisions regarding confidentiality of the release terms and underlying disputes - include when parties wish to maintain privacy

2. Tax Implications: Provisions addressing tax consequences of any payments - include when monetary consideration is involved

3. Surviving Obligations: Description of any obligations that survive the release - include when certain obligations should continue

4. Return of Property: Provisions regarding return of any property or documents - include when relevant to the relationship

5. Non-Disparagement: Mutual agreements not to disparage each other - include in sensitive or public-facing situations

6. Cooperation: Obligations to cooperate in implementing the release - include when future actions are needed

7. Severability: Provisions addressing the severability of contract terms - include in complex agreements

Suggested Schedules

1. Schedule A - Released Claims: Detailed list of specific claims being released

2. Schedule B - Excluded Claims: List of any claims specifically excluded from the release

3. Schedule C - Payment Terms: Details of any payment arrangements or financial consideration

4. Appendix 1 - Related Agreements: List of any related agreements affected by or referenced in the release

5. Appendix 2 - Corporate Authorizations: Copies of corporate authorizations or powers of attorney if parties are legal entities

Authors

Alex Denne

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

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Legal

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Relevant Roles

Legal Counsel

General Counsel

Chief Legal Officer

Risk Manager

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Business Development Manager

Contract Manager

Corporate Secretary

Operations Director

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Settlement Officer

Dispute Resolution Specialist

Industries







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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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