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Risk Waiver Template for Switzerland

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Key Requirements PROMPT example:

Risk Waiver

"I need a Risk Waiver agreement for my mountain climbing company in Switzerland, covering both summer and winter expeditions, to be used starting January 2025, including specific provisions for equipment usage and extreme weather conditions."

Document background
Risk Waiver agreements are essential legal instruments used in Switzerland when organizations or individuals provide activities or services that carry inherent risks. These documents, governed by Swiss law, particularly the Code of Obligations (OR), serve to document informed consent and transfer certain risks from providers to participants. The Risk Waiver must carefully detail the activities covered, associated risks, and safety measures while respecting Swiss legal limitations on liability exclusions. This document type is particularly crucial in sectors such as adventure sports, medical research, and recreational activities, where participants need to demonstrate their understanding and voluntary acceptance of inherent risks. The waiver should be drafted to comply with Swiss public policy requirements and cannot exclude liability for gross negligence or willful misconduct.
Suggested Sections

1. Parties: Identification of the party providing the service/activity (the 'Provider') and the party assuming the risk (the 'Participant')

2. Background: Context of the activity or service for which risks are being waived

3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Risks', 'Provider', 'Participant', etc.

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

5. Acknowledgment of Risks: Explicit listing and acknowledgment of all potential risks associated with the activities

6. Assumption of Risk: Clear statement of participant's voluntary assumption of identified risks

7. Waiver and Release: Specific provisions detailing which liabilities are being waived, subject to Swiss law limitations

8. Participant Declarations: Statements confirming participant's fitness, understanding, and voluntary participation

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

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

11. Execution: Signature blocks and date of execution

Optional Sections

1. Medical Authorization: Authorization for emergency medical treatment if needed - include for high-risk physical activities

2. Insurance Confirmation: Confirmation of participant's insurance coverage - relevant for high-value or high-risk activities

3. Photo/Media Release: Permission to use participant's image/media - include if activity might be photographed/recorded

4. Equipment Usage: Specific provisions regarding use of equipment - include if equipment is provided

5. Group Activities: Additional provisions for group participation - include if activity involves group interaction

6. Minor Participation: Additional provisions and parental consent - include if minors may participate

7. Translation Declaration: Confirmation that non-native speakers understand the waiver - include if participants may not be fluent in the contract language

Suggested Schedules

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

2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with each activity

3. Schedule C - Safety Procedures: Required safety procedures and protocols that must be followed

4. Schedule D - Emergency Contacts: Form for participant's emergency contact information

5. Schedule E - Medical Information: Optional form for relevant medical information and conditions

6. Appendix 1 - Safety Equipment: List of required safety equipment and proper usage instructions

7. Appendix 2 - Facility Rules: Specific rules and regulations for facility usage if applicable

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

Adventure Tourism

Education and Training

Events and Entertainment

Fitness and Wellness

Extreme Sports

Medical Research

Clinical Trials

Transportation

Construction

Manufacturing

Research and Development

Aviation

Marine Activities

Outdoor Activities

Relevant Teams

Legal

Risk Management

Compliance

Operations

Safety and Security

Event Management

Customer Relations

Research and Development

Clinical Operations

Training and Development

Adventure Sports

Facility Operations

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Safety Officer

Operations Manager

Activity Coordinator

Event Manager

Tour Guide

Sports Instructor

Facility Manager

Training Coordinator

Research Director

Clinical Trial Manager

Adventure Sports Guide

Safety Instructor

General Counsel

Corporate Secretary

Liability 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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