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General Release Of Claims Template for Germany

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Key Requirements PROMPT example:

General Release Of Claims

"I need a General Release of Claims under German law for an employment termination scenario, where a senior software developer is leaving our tech company on March 15, 2025, with a settlement payment of €75,000 and including provisions for the return of company property and ongoing confidentiality obligations."

Document background
The General Release of Claims is a crucial legal instrument under German law used to formally resolve disputes and potential legal claims between parties. It's commonly employed in various scenarios including employment terminations, business relationship conclusions, settlement of disputes, or corporate transactions. The document must comply with German civil law requirements, particularly the provisions of the BGB regarding settlement agreements (Vergleich) and release of obligations (Erlassvertrag). When drafting a General Release of Claims, special attention must be paid to German-specific requirements regarding the validity of waivers, statutory limitations, and mandatory law provisions. The document typically includes comprehensive details about the claims being released, consideration provided, and any exceptions to the release, while ensuring compliance with both German national law and applicable EU regulations.
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 dispute or circumstances leading to the release, including relevant dates and events

3. Definitions: Key terms used in the agreement, including 'Claims', 'Released Parties', and any specific terms relevant to the underlying dispute

4. Scope of Release: Comprehensive description of claims being released, including known and unknown claims, in compliance with German law requirements

5. Consideration: Details of the consideration being provided in exchange for the release

6. Representations and Warranties: Statements by the Releasor regarding their authority to enter into the agreement and understanding of its terms

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

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

9. Entire Agreement: Integration clause confirming the release contains the entire agreement between the parties

10. Severability: Provision addressing the survival of remaining terms if any portion is found invalid under German law

Optional Sections

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

2. Return of Property: Requirements for returning company property or documents, relevant in employment-related releases

3. Non-Disparagement: Mutual or unilateral agreements not to make negative statements, often included in employment or business relationship releases

4. Future Cooperation: Terms regarding cooperation in future legal proceedings or administrative matters, relevant when ongoing obligations exist

5. Tax Implications: Statements regarding tax treatment and responsibilities, particularly important for monetary settlements

6. Revocation Period: Inclusion of any statutory revocation rights, particularly important in employment contexts

7. Data Protection: GDPR compliance provisions, necessary when personal data processing is involved

Suggested Schedules

1. Schedule of Released Claims: Detailed list of specific claims being released, particularly useful for complex disputes

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

3. Payment Schedule: Details of payment terms if consideration is to be paid in installments

4. List of Released Parties: Comprehensive list of all parties covered by the release, including affiliated entities

5. Property Return Checklist: Itemized list of property to be returned, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 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

Banking and Financial Services

Manufacturing

Technology

Healthcare

Professional Services

Real Estate

Construction

Retail

Energy

Transportation

Education

Telecommunications

Insurance

Media and Entertainment

Pharmaceuticals

Relevant Teams

Legal

Human Resources

Risk Management

Compliance

Executive Leadership

Finance

Operations

Corporate Governance

Employee Relations

Dispute Resolution

Relevant Roles

Legal Counsel

Human Resources Director

Risk Manager

Compliance Officer

Chief Legal Officer

HR Business Partner

Corporate Secretary

Chief Executive Officer

Chief Financial Officer

Operations Manager

General Manager

Settlement Officer

Claims Manager

Employment Relations Manager

Business Development Director

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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