Hold Harmless Waiver

Hold Harmless Waiver Template for Switzerland

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Key Requirements PROMPT example:

"I need a Hold Harmless Waiver under Swiss law for my adventure sports company based in Zurich, covering rock climbing and hiking activities, to be used for all client bookings starting January 2025, with specific emphasis on equipment usage and weather-related risks."

Document background

The Hold Harmless Waiver is essential in situations where activities or services involve inherent risks and the providing party seeks to protect itself from potential liability claims. This document, governed by Swiss law, establishes clear parameters for risk assumption and liability limitation while respecting Swiss legal constraints on liability waivers. It's particularly relevant for businesses, organizations, and individuals offering services or activities where participants need to acknowledge and accept certain risks. The waiver must comply with Swiss Code of Obligations requirements, especially regarding limitations on waiving liability for gross negligence and willful misconduct. The document typically includes detailed descriptions of activities, associated risks, emergency procedures, and the specific rights being waived, while maintaining transparency and fairness in accordance with Swiss legal principles.

Suggested Sections

1. Parties: Identification of the party providing the waiver (Releasor) and the party being protected (Releasee)

2. Background: Context of the waiver, including the activity or relationship giving rise to the need for the waiver

3. Definitions: Key terms used in the agreement, including 'Claims', 'Losses', 'Activities', etc.

4. Scope of Waiver: Detailed description of what rights are being waived and what activities are covered

5. Acknowledgment of Risks: Statement that the Releasor understands and accepts the risks involved

6. Release and Indemnification: Core waiver language and indemnification provisions

7. Exceptions to Waiver: Explicit statement of what cannot be waived under Swiss law (gross negligence, willful misconduct)

8. Representations and Warranties: Statements by the Releasor about their capacity and understanding

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

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

11. Entire Agreement: Confirmation that the document represents the complete agreement between parties

Optional Sections

1. Insurance Obligations: Required when specific insurance coverage is needed for the activities covered

2. Medical Authorization: Used when the waiver covers physical activities that might require emergency medical treatment

3. Parental Consent: Required when the Releasor is a minor under Swiss law

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

5. Term and Termination: Included when the waiver covers an ongoing relationship or specific time period

6. Specific Activity Requirements: Used when there are specific safety protocols or requirements for participation

7. Language Declaration: Required when the waiver is provided in multiple languages or to non-native speakers

Suggested Schedules

1. Schedule A - Description of Activities: Detailed list and description of activities covered by the waiver

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

3. Schedule C - Safety Procedures: Required safety measures and protocols for the covered activities

4. Appendix 1 - Emergency Contact Information: Contact details for emergency situations

5. Appendix 2 - Medical Information Form: Relevant medical information and conditions of the Releasor

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

Education

Entertainment

Tourism and Hospitality

Healthcare

Construction

Manufacturing

Event Management

Fitness and Wellness

Adventure Tourism

Professional Services

Non-Profit

Real Estate

Transportation

Research and Development

Relevant Teams

Legal

Risk Management

Compliance

Operations

Human Resources

Corporate Governance

Facilities Management

Event Management

Safety and Security

Administrative Services

Insurance

Contract Management

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Director

Facility Manager

Event Coordinator

Safety Officer

Human Resources Manager

Corporate Secretary

Business Owner

Program Director

Athletic Director

Insurance Coordinator

Contract Administrator

General Manager

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Authors

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