The Non Liable Agreement serves as a critical legal instrument in Indonesian business relationships where parties need to clearly define and limit their liability exposure while maintaining productive business arrangements. This document type is particularly relevant in scenarios involving service provision, consulting, or collaborative projects where risk management is essential. Governed by Indonesian law, particularly the Civil Code (KUHPer) and Law No. 24 of 2009, the agreement must be drafted in both Indonesian and English languages. It typically includes detailed provisions on scope limitations, liability exclusions, and risk allocation, making it essential for businesses operating in Indonesia who wish to protect their interests while maintaining clear professional boundaries. The document is structured to comply with Indonesian contract law requirements while effectively limiting potential liabilities and establishing clear parameters for business relationships.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context and circumstances leading to the agreement
3. Definitions: Key terms and their meanings as used in the agreement
4. Scope of Agreement: Clear definition of activities or services covered by the agreement
5. Non-Liability Provisions: Explicit statements of the limitations of liability and circumstances where parties are not held responsible
6. Representations and Warranties: Basic statements about the parties' capacity and authority to enter into the agreement
7. Term and Termination: Duration of the agreement and conditions for ending it
8. Force Majeure: Circumstances beyond parties' control that excuse performance
9. Governing Law: Specification of Indonesian law as governing law and jurisdiction
10. Language: Statement about language versions as per Law No. 24 of 2009
11. Notices: How formal communications between parties should be made
12. Entire Agreement: Confirmation that this document represents the complete understanding between parties
1. Confidentiality: Terms regarding confidential information - include if sensitive information will be shared
2. Insurance: Insurance requirements - include if specific insurance coverage is needed
3. Dispute Resolution: Detailed process for resolving disputes - include if specific dispute resolution mechanism is preferred
4. Assignment: Rights to transfer the agreement - include if transfer rights need to be restricted
5. Intellectual Property: IP rights and usage - include if IP is involved in the relationship
6. Compliance with Laws: Specific regulatory compliance requirements - include if operating in regulated industries
1. Schedule A - Scope Details: Detailed description of activities or services covered
2. Schedule B - Contact Information: Detailed contact information for key personnel and notices
3. Schedule C - Specific Exclusions: Detailed list of specifically excluded liabilities or responsibilities
4. Appendix 1 - Insurance Requirements: Specific insurance requirements if applicable
5. Appendix 2 - Compliance Checklist: List of specific compliance requirements if operating in regulated industries
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