Document background
The Release And Hold Harmless Agreement is a critical risk management tool used in Swiss business and personal contexts to resolve or prevent disputes and establish clear liability boundaries. This document is particularly relevant when parties wish to settle potential claims, conclude business relationships, or protect against future liabilities. Under Swiss law, such agreements must carefully balance the freedom of contract principles with mandatory legal provisions that cannot be waived. The document typically follows specific requirements under the Swiss Code of Obligations and may need to consider cantonal variations in enforcement. It's commonly used following incidents, accidents, or business transactions where parties seek to clearly define and limit their liability exposure. The agreement's effectiveness depends on careful drafting to ensure enforceability while respecting Swiss public policy considerations and fundamental rights that cannot be waived.
