Mutual Release Of Liability Form

Mutual Release Of Liability Form Template for Switzerland

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Key Requirements PROMPT example:

"I need a Mutual Release of Liability Form under Swiss law for a settlement between my construction company and a subcontractor regarding disputed work quality and payment issues from a project completed in January 2025, with both parties agreeing to release each other from all claims related to the project."

Document background

The Mutual Release Of Liability Form is a critical legal instrument used in Swiss jurisdictions when two or more parties wish to formally resolve and release potential claims against each other. This document is particularly valuable following disputes, accidents, termination of business relationships, or any situation where parties seek to prevent future litigation. Governed by Swiss law, particularly the Swiss Code of Obligations (OR) and Swiss Civil Code (ZGB), it provides a legally binding mechanism for parties to waive their rights to pursue claims while ensuring mutual protection. The document typically includes detailed descriptions of the released claims, any exceptions, and necessary representations and warranties. It's commonly used in business transactions, employment separations, property disputes, and personal injury settlements, offering a clean break and legal certainty for all involved parties.

Suggested Sections

1. Parties: Identification and details of all parties involved in the mutual release

2. Background: Context of the dispute or circumstances leading to the mutual release

3. Definitions: Key terms used throughout the agreement, including 'Claims', 'Released Parties', and 'Effective Date'

4. Mutual Release: Core provision where each party releases the other from claims, demands, and liabilities

5. Scope of Release: Detailed description of what claims and rights are being released and any exclusions

6. Consideration: Statement of the mutual promises and any financial consideration exchanged

7. No Admission of Liability: Statement that the agreement does not constitute an admission of fault or liability by either party

8. Representations and Warranties: Statements by each party regarding their authority to enter into the agreement and understanding of its terms

9. Governing Law: Specification that Swiss law governs the agreement

10. Execution: Signature blocks and date of agreement

Optional Sections

1. Confidentiality: Used when parties wish to keep the terms of the release private

2. Future Claims: Used when parties want to address potential future claims that haven't yet arisen

3. Insurance: Required when insurance policies or claims are involved in the release

4. Non-Disparagement: Added when parties wish to prevent negative statements about each other

5. Return of Property: Included when physical items or documents need to be returned as part of the agreement

6. Severability: Added for more complex releases to ensure partial invalidity doesn't void the entire agreement

7. Amendment Clause: Used in more formal releases to specify how modifications to the agreement must be made

Suggested Schedules

1. Schedule A - Specific Claims: Detailed list of specific claims, incidents, or circumstances being released

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

3. Appendix 1 - Related Documents: Copies of any relevant documents referenced in the release (e.g., accident reports, correspondence)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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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Let's create your Mutual Release Of Liability Form

Authors

Alex Denne

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