The Business Waiver of Liability agreement is a crucial legal document used in Indonesian business operations where one party seeks to limit their liability for certain risks associated with their business activities. This document is particularly relevant when providing services or engaging in activities that carry inherent risks, requiring clear documentation of risk assumption and liability limitations. The agreement must comply with Indonesian law, particularly the Civil Code (KUHPerdata) and Law No. 8 of 1999 on Consumer Protection, while being drafted in both Bahasa Indonesia and English as per Law No. 24 of 2009. It's essential for business relationships where services or activities could result in potential claims, losses, or damages, and helps establish clear boundaries of liability while maintaining legal enforceability within the Indonesian jurisdiction.
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1. Parties: Identification of all parties to the agreement, including full legal names, registration numbers, and addresses
2. Background: Context of the business relationship and purpose of the waiver
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Waiver: Detailed description of activities, circumstances, and liabilities covered by the waiver
5. Acknowledgment of Risks: Clear statement of risks being assumed by the waiving party
6. Representations and Warranties: Statements confirming the parties' understanding and capacity to enter into the agreement
7. Duration and Termination: Period for which the waiver remains valid and circumstances for termination
8. Exceptions to Waiver: Specific exclusions and non-waivable rights under Indonesian law
9. Governing Law and Jurisdiction: Confirmation of Indonesian law application and jurisdiction
10. Language Requirements: Statement on dual language format and prevailing version as per Law No. 24 of 2009
1. Insurance Requirements: Details of required insurance coverage - include when activities involve significant risks requiring insurance
2. Indemnification: Additional indemnification provisions - include for complex business relationships with multiple risk factors
3. Dispute Resolution: Detailed arbitration or mediation procedures - include when parties prefer alternative dispute resolution
4. Severability: Provisions for partial invalidity - include when agreement covers multiple distinct activities
5. Assignment: Rights and restrictions on transfer of obligations - include when relevant to business context
6. Force Majeure: Provisions for unforeseen circumstances - include when long-term or ongoing activities are involved
1. Schedule A - Specific Activities: Detailed list of activities or services covered by the waiver
2. Schedule B - Risk Disclosure: Comprehensive list of specific risks being waived
3. Schedule C - Safety Procedures: Required safety measures and protocols, if applicable
4. Appendix 1 - Insurance Certificates: Copies of relevant insurance policies and certificates
5. Appendix 2 - Company Authorizations: Corporate authorizations and powers of attorney
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Construction
Professional Services
Technology
Transportation and Logistics
Events and Entertainment
Sports and Recreation
Healthcare
Education and Training
Retail and Wholesale
Industrial Services
Consultancy Services
Real Estate and Property Management
Energy and Resources
Relevant Teams
Legal
Risk Management
Compliance
Operations
Business Development
Contract Administration
Corporate Secretarial
Project Management
Quality Assurance
Health and Safety
Commercial Operations
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Business Development Manager
Operations Director
Contract Administrator
Corporate Secretary
Chief Legal Officer
Chief Risk Officer
Project Manager
General Manager
Managing Director
CEO
Commercial Director
Safety Officer
Quality Assurance Manager
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