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Release And Waiver Of Claims Template for Switzerland

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Key Requirements PROMPT example:

Release And Waiver Of Claims

"I need a Release and Waiver of Claims document under Swiss law for settling an employment dispute with a former senior executive, including confidentiality provisions and a settlement payment of 250,000 CHF to be paid by March 15, 2025."

Document background
The Release and Waiver of Claims document is a critical legal instrument used in Swiss business and personal matters to formally settle disputes and release parties from various obligations or liabilities. It is particularly relevant in situations involving settlement of disputes, termination of employment relationships, resolution of business conflicts, or conclusion of commercial transactions. The document must strictly comply with Swiss legal requirements, including the Swiss Code of Obligations and relevant cantonal laws. It typically includes detailed descriptions of the claims being released, any consideration provided, and specific carve-outs for rights that cannot be waived under Swiss law. This document is essential for providing legal certainty and finality to various transactions and disputes, while ensuring that all provisions are enforceable under Swiss law.
Suggested Sections

1. Parties: Identification of the releasing party (Releasor) and the party being released (Releasee), including full legal names and addresses

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

3. Definitions: Key terms used in the agreement, including 'Claims', 'Released Matters', and any specific incidents or circumstances

4. Scope of Release: Detailed description of the claims, rights, and causes of action being waived and released

5. Consideration: Description of the compensation or benefit provided in exchange for the release

6. Representations and Warranties: Statements by the Releasor regarding their understanding of the release and authority to grant it

7. Non-Admission of Liability: Statement that the release does not constitute an admission of liability by the Releasee

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

9. Entire Agreement: Confirmation that the document represents the complete agreement between the parties regarding the released matters

Optional Sections

1. Confidentiality: Terms regarding confidentiality of the settlement and release terms, used when parties wish to maintain privacy

2. Future Claims: Provisions regarding unknown future claims, though care must be taken as some future rights cannot be waived under Swiss law

3. Return of Property: Requirements for returning any property or documents, relevant in employment or business relationship contexts

4. Non-Disparagement: Mutual agreements not to make negative statements about each other, often used in employment or business disputes

5. Severability: Provisions for maintaining validity of remaining terms if any part is found invalid, important for complex releases

6. Tax Implications: Statements regarding tax responsibility for any settlement payments, used when monetary consideration is involved

Suggested Schedules

1. Schedule A - Description of Released Claims: Detailed itemization of specific claims, incidents, or matters being released

2. Schedule B - Settlement Payment Details: If applicable, breakdown of any settlement payments or consideration

3. Schedule C - Excluded Claims: List of claims specifically excluded from the release, particularly those that cannot be waived under Swiss law

4. Appendix 1 - Related Documents: Copies of relevant documents referenced in the release (e.g., incident reports, prior agreements)

5. Appendix 2 - Form of Confirmation: Template for any required confirmation or acknowledgment forms

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

Relevant legal definitions





























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Relevant Industries

Financial Services

Insurance

Manufacturing

Professional Services

Healthcare

Technology

Construction

Real Estate

Retail

Hospitality

Education

Transportation

Energy

Pharmaceuticals

Sports and Entertainment

Relevant Teams

Legal

Human Resources

Risk Management

Compliance

Finance

Executive Leadership

Operations

Corporate Affairs

Insurance

Business Development

Project Management

Employee Relations

Relevant Roles

Legal Counsel

Human Resources Director

Risk Manager

Compliance Officer

Chief Financial Officer

Chief Executive Officer

Operations Manager

Contract Manager

Business Development Director

Project Manager

Insurance Claims Manager

Settlement Officer

Corporate Secretary

General Counsel

Employee Relations Manager

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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