Document background
The Waiver And Indemnity Form is a crucial risk management tool widely used across various sectors in Canada. It serves two primary purposes: first, it obtains a participant's informed consent and waiver of liability for known risks associated with an activity; second, it secures their agreement to indemnify the organization against potential third-party claims. This document is particularly relevant in situations involving physical activities, use of facilities, participation in events, or any scenario where there are inherent risks to participants. The form must be drafted in compliance with Canadian federal and provincial legislation, with particular attention to consumer protection laws and court precedents regarding the enforceability of waivers. Special consideration must be given to the clarity of language, prominence of risk disclosures, and fairness of terms to ensure the document's effectiveness in Canadian courts.
