An instrument may relieve and indemnify a trust advisor and a fiduciary financial institution that serves as trustee of a fidfin trust or alternative asset custody account from liability for a breach of fiduciary duty if any such provision is unenforceable to the extent that it relieves the trust advisor or fiduciary financial institution from liability for a breach of fiduciary duty committed:

1. (a) In bad faith;
2. (b) intentionally; or
3. (c) with reckless indifference to the interest of a beneficiary.

L. 2021, ch. 80, § 18; July 1.