Release And Hold Harmless

Release And Hold Harmless Template for Malaysia

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Key Requirements PROMPT example:

"I need a Release and Hold Harmless Agreement for my construction company in Kuala Lumpur, releasing our subcontractors from all claims related to the completion of the Sentral Tower project expected to finish in March 2025, including specific provisions for equipment and material warranties."

Document background

The Release And Hold Harmless Agreement is a critical risk management instrument used in Malaysian business and legal practice when parties need to resolve potential disputes or protect against future claims. It is particularly relevant in situations involving settlement of disputes, completion of projects, termination of business relationships, or risk allocation in ongoing operations. The document, governed by Malaysian law, typically includes comprehensive release provisions, indemnification clauses, and specific terms defining the scope of release and protection. It must comply with Malaysian legal requirements, including the Contracts Act 1950 and Civil Law Act 1956, while being clear and unambiguous to ensure enforceability. This type of agreement is commonly used in both corporate and individual contexts, requiring careful consideration of the specific circumstances and potential future implications.

Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including the Releasor and Releasee

2. Background: Sets out the context and circumstances leading to the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Release: Details the specific claims, rights, or actions being released

5. Hold Harmless and Indemnification: Specifies the indemnification obligations and hold harmless provisions

6. Consideration: States the consideration given in exchange for the release

7. Representations and Warranties: States the parties' representations regarding their authority and understanding

8. Governing Law: Specifies Malaysian law as governing law and jurisdiction

9. Entire Agreement: Confirms this document represents the complete agreement between parties

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Confidentiality: Include when the release involves sensitive information or trade secrets

2. Survival: Include when certain provisions need to survive the release

3. Insurance: Include when specific insurance requirements are part of the arrangement

4. Dispute Resolution: Include when specific dispute resolution procedures are preferred

5. Future Claims: Include when addressing potential future claims is necessary

6. Severability: Include when agreement needs protection against partial invalidation

7. Assignment: Include when transfer of rights needs to be addressed

Suggested Schedules

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

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

3. Schedule C - Related Agreements: List of any related agreements affected by or referenced in the release

4. Appendix 1 - Defined Terms: Extended definitions if too lengthy for main agreement

5. Appendix 2 - Form of Release: Standard form for executing the release if multiple releases are contemplated

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

Relevant legal definitions

Clauses

Relevant Industries

Construction

Manufacturing

Healthcare

Real Estate

Financial Services

Technology

Energy

Transportation

Professional Services

Education

Retail

Hospitality

Sports and Recreation

Media and Entertainment

Mining and Resources

Relevant Teams

Legal

Risk Management

Compliance

Operations

Finance

Human Resources

Corporate Affairs

Insurance

Contract Administration

Project Management

Business Development

Executive Leadership

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Administrator

Project Manager

Business Development Manager

Operations Director

Chief Financial Officer

Chief Legal Officer

Insurance Manager

Human Resources Director

Corporate Secretary

Claims Manager

General Manager

Chief Executive Officer

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Authors

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