The Guest Liability Waiver serves as a crucial risk management tool for businesses operating in Canada where customers or guests engage in activities that carry inherent risks. This document is essential for various establishments including recreational facilities, sports centers, entertainment venues, and adventure tourism operators. The waiver must comply with provincial occupiers' liability legislation and common law principles regarding the enforceability of liability waivers. It typically includes detailed sections on risk acknowledgment, release of liability, and indemnification provisions. The document should be written in clear, unambiguous language to meet Canadian courts' requirements for enforceability, particularly regarding the conspicuousness of waiver provisions. Special considerations are included for Quebec's Civil Code requirements where applicable.
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1. Parties: Identification of the facility/business owner/operator and the guest signing the waiver
2. Background: Brief context about the facility/activities and purpose of the waiver
3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Premises', 'Claims', and 'Released Parties'
4. Acknowledgment of Risks: Detailed description of potential risks and dangers associated with the activities or premises
5. Assumption of Risks: Guest's explicit acknowledgment and acceptance of the described risks
6. Waiver and Release: The core waiver language releasing the facility from liability for injuries or damages
7. Indemnification: Guest's agreement to indemnify the facility against third-party claims
8. Emergency Medical Authorization: Authorization for emergency medical treatment if needed
9. Representations and Warranties: Guest's confirmation of physical fitness and ability to participate
10. Governing Law: Specification of applicable Canadian province law
11. Execution: Signature blocks, date, and witness requirements
1. Photo/Video Release: Optional section for permission to use guest's image in promotional materials
2. Equipment Usage: Additional terms specific to use of equipment, to be included if facility provides equipment
3. Special Health Conditions: Section for disclosure of relevant health conditions, important for high-risk activities
4. Group Activities: Additional terms for group participation, needed when activities involve group interactions
5. Minor Participant: Additional provisions when the participant is under age of majority, including parental consent
6. COVID-19/Infectious Disease: Specific provisions related to infectious disease risks and protocols
7. Insurance Requirements: Section specifying any insurance requirements for high-risk activities
1. Schedule A - Description of Activities: Detailed list and description of all activities covered by the waiver
2. Schedule B - Safety Rules and Regulations: Comprehensive list of safety rules and protocols that must be followed
3. Schedule C - Medical Information Form: Optional form for collecting relevant medical information
4. Schedule D - Equipment Checklist: List of equipment provided or required, with safety check procedures
5. Appendix 1 - Emergency Contact Information: Form for emergency contact details
Relevant legal definitions
Clauses
Relevant Industries
Recreation and Sports
Entertainment
Hospitality
Tourism
Adventure Tourism
Fitness and Wellness
Event Management
Education and Training
Amusement and Theme Parks
Sports Facilities
Outdoor Activities
Health and Wellness
Relevant Teams
Legal
Operations
Risk Management
Customer Service
Guest Relations
Safety and Compliance
Front Desk
Events
Programs and Activities
Administration
Relevant Roles
Facility Manager
Operations Director
Risk Management Officer
Legal Counsel
Safety Coordinator
Customer Service Manager
Events Manager
Activities Director
Program Coordinator
Compliance Officer
Recreation Supervisor
Guest Services Manager
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