Waivers given before the relationship ends are, as a rule, invalid; similar protection exists under German law as well. The contract clause alone does not kill the claim — the analysis of the conditions is decisive.
The claim’s own foundation matters here. In Türkiye it rests on Article 122 of the Commercial Code (the portfolio indemnity), a provision written for commercial agents. The Court of Cassation applies it by analogy to an exclusive distributor where that distributor was integrated into the supplier’s network and left the customer base behind with it — that is the test the facts have to meet. Pursuant to that same article, the waiver in the contract is not valid before the relationship ends.
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