Negligence Waiver

Negligence Waiver Template for Switzerland

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Key Requirements PROMPT example:

"I need a Negligence Waiver for my new adventure sports company based in Zurich, covering rock climbing and canyoning activities, which needs to be bilingual in German and English and should specifically address equipment usage and weather-related risks."

Document background

This Negligence Waiver is designed for use in Switzerland where organizations or individuals need to manage legal risk associated with activities that carry inherent dangers or potential for injury. The document serves as a crucial risk management tool while adhering to Swiss legal requirements, particularly the Swiss Code of Obligations' restrictions on liability limitations. It's commonly used in sports facilities, adventure tourism, educational programs, and various recreational activities where participants need to acknowledge and accept certain risks. The waiver explicitly excludes gross negligence and intentional wrongdoing (which cannot be waived under Swiss law), includes clear risk disclosures, and can be drafted in multiple Swiss national languages when required. This document should be reviewed and updated regularly to ensure continued compliance with evolving Swiss federal and cantonal laws.

Suggested Sections

1. Parties: Identification of the party providing the service/activity and the party waiving their rights

2. Background: Context of the agreement and description of the activities or services covered by the waiver

3. Definitions: Clear definitions of key terms, particularly 'negligence', 'ordinary negligence', and specific activity-related terms

4. Scope of Waiver: Detailed description of what risks and liabilities are being waived, explicitly excluding gross negligence and willful misconduct as per Swiss law

5. Acknowledgment of Risks: Participant's confirmation of understanding the inherent risks involved in the activity

6. Representation and Warranties: Statements by the participant regarding their capacity, understanding, and voluntary acceptance

7. Duration: Period during which the waiver is valid

8. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of competent courts

9. Severability: Provision ensuring remainder of waiver remains valid if any part is found unenforceable

10. Entire Agreement: Confirmation that the document represents the complete understanding between parties

Optional Sections

1. Language Declaration: Required when the waiver needs to be in multiple Swiss national languages

2. Medical Disclosure: Used when activity involves physical exertion or health risks

3. Insurance Requirements: Include when specific insurance coverage is required for participation

4. Emergency Contact Information: Added for high-risk activities or extended duration events

5. Photography and Media Rights: Include when activity might involve photography or recording

6. Equipment Usage: Required when activity involves use of specific equipment or facilities

7. Minor Participation: Include when waiver needs to address participation of minors

Suggested Schedules

1. Schedule A - Activity Description: Detailed description of activities, services, or events covered by the waiver

2. Schedule B - Specific Risks: Comprehensive list of potential risks and dangers associated with the activity

3. Schedule C - Safety Procedures: Required safety measures and protocols

4. Appendix 1 - Emergency Procedures: Emergency protocols and contact information

5. Appendix 2 - Equipment List: List of equipment provided or required for the activity

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 & Recreation

Adventure Tourism

Education & Training

Fitness & Wellness

Entertainment

Healthcare

Corporate Events

Hospitality

Outdoor Activities

Professional Sports

Youth Programs

Medical Services

Transportation

Equipment Rental

Relevant Teams

Legal

Risk Management

Compliance

Operations

Customer Service

Safety & Security

Event Management

Program Management

Facility Operations

Business Development

Administrative Services

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Director

Facility Manager

Event Coordinator

Safety Officer

Program Director

Sports Director

Adventure Guide

Training Coordinator

Business Owner

Recreation Manager

Athletic Director

Customer Service Manager

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Let's create your Negligence Waiver

Authors

Alex Denne

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