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Release Of Liability And Indemnity Agreement Template for Canada

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Key Requirements PROMPT example:

Release Of Liability And Indemnity Agreement

"I need a Release of Liability and Indemnity Agreement for my adventure tourism company in British Columbia, covering both summer and winter activities, with specific provisions for equipment rental and emergency medical situations."

Document background
The Release Of Liability And Indemnity Agreement is a crucial risk management tool widely used across Canadian jurisdictions. This document becomes necessary when parties engage in activities or business relationships where one party wishes to be protected from potential legal claims while securing indemnification from the other party. It must be carefully drafted to ensure compliance with both federal regulations and provincial laws, including specific considerations for Quebec's Civil Code and the common law system in other provinces. The agreement typically addresses various aspects including assumption of risk, waiver of claims, indemnification obligations, and emergency provisions. It's particularly important in situations involving inherent risks, such as sporting events, recreational activities, property use, or business operations where clear allocation of risk and responsibility is essential.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including the releasor (person giving up rights) and releasee (person being released from liability)

2. Background: Explains the context and circumstances leading to the agreement, including the activities or relationships involved

3. Definitions: Defines key terms used throughout the agreement for clarity and precision

4. Release of Liability: Details the specific claims, rights, and causes of action being released

5. Indemnification: Specifies the indemnification obligations, including scope and circumstances

6. Acknowledgment of Understanding: Confirms that the releasor understands the rights being given up and has had the opportunity to seek legal advice

7. Assumption of Risk: Explicitly states that the releasor understands and accepts the risks involved

8. Severability: Ensures that if any provision is found invalid, the rest of the agreement remains in effect

9. Governing Law: Specifies the jurisdiction whose laws govern the agreement

10. Entire Agreement: Confirms that the document represents the complete agreement between parties

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance: Required when specific insurance coverage must be maintained by either party

2. Term and Survival: Used when the release applies to a specific time period or when certain provisions should survive the agreement

3. Consideration: Needed when there is specific consideration being provided in exchange for the release

4. Emergency Medical Authorization: Include for activities where medical emergencies might occur

5. Photo/Media Release: Added when activities might involve photography or media recording

6. Parent/Guardian Consent: Required when the releasor is a minor or requires guardian consent

7. Dispute Resolution: Optional mechanism for handling disputes through mediation or arbitration

8. Force Majeure: Include when external events might affect the activities covered by the release

9. Assignment: Added when transfer of rights needs to be addressed

10. Notices: Include when formal communication procedures need to be established

Suggested Schedules

1. Schedule A - Description of Activities: Detailed description of activities or services covered by the release

2. Schedule B - Specific Risks: Comprehensive list of risks associated with the activities

3. Schedule C - Insurance Requirements: Detailed insurance specifications if required

4. Appendix 1 - Safety Procedures: Safety protocols and procedures relevant to the activities

5. Appendix 2 - Emergency Contacts: List of emergency contacts and procedures

6. Appendix 3 - Facility Rules: Specific rules and regulations for facilities or venues involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































Clauses


























Relevant Industries

Sports and Recreation

Entertainment

Education

Real Estate

Construction

Tourism and Hospitality

Healthcare

Fitness and Wellness

Event Management

Adventure Tourism

Manufacturing

Retail

Professional Services

Transportation

Property Management

Relevant Teams

Legal

Risk Management

Operations

Compliance

Safety and Security

Facilities Management

Event Management

Administration

Human Resources

Customer Relations

Business Development

Property Management

Recreation Services

Contract Management

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Business Owner

Property Manager

Recreation Director

Program Coordinator

Sports Administrator

Contract Administrator

General Manager

Human Resources Manager

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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