Accident Waiver

Accident Waiver Template for Switzerland

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Key Requirements PROMPT example:

"I need an Accident Waiver under Swiss law for my new rock climbing facility in Zurich, which will open in March 2025, covering both individual climbers and group classes, with specific provisions for equipment usage and beginner instruction."

Document background

The Accident Waiver is a crucial legal document used in Switzerland when individuals participate in activities that carry inherent risks. This document type is essential for businesses and organizations offering sports, recreational, or adventure activities, where participants need to acknowledge and accept certain risks before participating. The waiver must be carefully drafted to comply with Swiss law, particularly the Swiss Code of Obligations (OR) and Civil Code (ZGB), which set specific limitations on liability exclusions. While an Accident Waiver can protect against claims arising from ordinary negligence and inherent risks, it cannot waive liability for gross negligence or intentional harm. The document typically includes comprehensive risk disclosures, emergency procedures, and clear descriptions of the activities covered, making it an essential risk management tool for service providers while ensuring appropriate participant protection under Swiss law.

Suggested Sections

1. Parties: Identification of the party providing the service/activity (the 'Provider') and the person waiving their rights (the 'Participant')

2. Background: Context of the waiver, including description of the activity or service being provided

3. Definitions: Key terms used throughout the document, including 'Activity', 'Accident', 'Injury', etc.

4. Activity Description: Detailed description of the activities covered by the waiver

5. Risk Acknowledgment: Explicit acknowledgment of the risks involved in the activity

6. Waiver and Release: Core waiver provisions detailing what rights are being waived and the extent of the release from liability

7. Exceptions to Waiver: Clear statement of what cannot be waived under Swiss law (e.g., gross negligence, intentional harm)

8. Medical Authorization: Authorization for emergency medical treatment if needed

9. Governing Law: Specification of Swiss law as governing law and jurisdiction

10. Severability: Provision ensuring remaining clauses stay valid if any part is found unenforceable

11. Declaration and Signature: Confirmation of understanding and acceptance, with signature blocks

Optional Sections

1. Insurance Confirmation: Section confirming participant's insurance coverage, recommended for high-risk activities

2. Parent/Guardian Consent: Required when the participant is a minor or under legal guardianship

3. Equipment Usage: Section covering proper use and responsibility for equipment, needed when equipment is provided

4. Photo/Media Release: Optional waiver for use of photographs or videos, relevant for public events or activities

5. Group Activity Provisions: Additional provisions for group activities or team sports

6. Duration and Termination: For ongoing activities or memberships, specifying the duration of the waiver

7. Language Declaration: For multilingual waivers, confirming understanding of the language used

Suggested Schedules

1. Schedule A - Activity Details: Detailed description of specific activities, locations, and dates covered

2. Schedule B - Safety Procedures: Specific safety procedures and protocols that must be followed

3. Schedule C - Emergency Contacts: List of emergency contacts and medical information

4. Appendix 1 - Risk Disclosure: Comprehensive list of potential risks associated with the activity

5. Appendix 2 - Insurance Requirements: Specific insurance requirements and coverage details

6. Appendix 3 - Equipment Guidelines: Guidelines for use and maintenance of any equipment involved

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Sports and Recreation

Adventure Tourism

Fitness and Wellness

Education and Training

Entertainment

Event Management

Outdoor Activities

Tourism and Hospitality

Youth Services

Corporate Team Building

Health and Wellness

Sports Equipment

Extreme Sports

Relevant Teams

Legal

Risk Management

Operations

Safety and Compliance

Customer Relations

Event Management

Program Management

Insurance

Client Services

Facility Operations

Relevant Roles

Risk Manager

Legal Counsel

Operations Director

Safety Officer

Event Coordinator

Sports Instructor

Tour Guide

Facility Manager

Adventure Sports Instructor

Recreation Coordinator

Fitness Trainer

Program Director

Activities Manager

Compliance Officer

Insurance Coordinator

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Non Responsibility Waiver

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Let's create your Accident Waiver

Authors

Alex Denne

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