Release And Waiver of Liability agreements are essential risk management tools in Indonesian business operations, particularly in sectors involving physical activities or potential risks to participants. This document, governed by Indonesian law and complying with the Civil Code (KUHPerdata), serves to protect organizations from liability while ensuring participants are fully informed of potential risks. It's commonly used in recreational activities, sports events, adventure tourism, and other situations where participants voluntarily engage in activities with inherent risks. The agreement must balance the organization's need for protection with consumer rights under Indonesian law, including clear risk disclosure and fair terms. It's crucial for businesses operating in Indonesia to have these waivers properly drafted to ensure enforceability while maintaining compliance with local regulations.
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1. Parties: Identification of the parties: the Releasor (person giving up rights) and Releasee (person/entity being released from liability)
2. Background: Context of the agreement, including the activity or circumstance giving rise to the need for the waiver
3. Definitions: Key terms used throughout the document, including 'Released Parties', 'Activities', 'Claims', and 'Losses'
4. Acknowledgment of Risks: Detailed description of the risks involved in the activity that the Releasor acknowledges and understands
5. Waiver and Release: Core provision where the Releasor waives rights and releases the Releasee from liability
6. Scope of Release: Detailed description of what types of claims and liabilities are being waived
7. Representations and Warranties: Statements by the Releasor about their capacity to enter the agreement and understanding of its implications
8. Duration: Period for which the waiver remains effective
9. Governing Law: Specification of Indonesian law as governing law and jurisdiction for disputes
10. Execution: Signature blocks and execution requirements
1. Medical Authorization: Authorization for emergency medical treatment, used when the waiver relates to physical activities or events
2. Photo/Media Release: Additional waiver for use of photographs or recordings, included when activities may involve documentation
3. Parent/Guardian Consent: Required when the Releasor is a minor under Indonesian law
4. Insurance Obligations: Details of required insurance coverage, used in high-risk activities
5. Indemnification: Additional provision where Releasor agrees to indemnify Releasee against third-party claims
6. Severability: Clause ensuring partial invalidity doesn't void entire agreement, used in complex waivers
7. Language Compliance: Required for international usage, stating Indonesian and English versions are equally binding
1. Schedule A - Description of Activities: Detailed description of activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule C - Safety Procedures: Required safety procedures and protocols that must be followed
4. Schedule D - Emergency Contacts: List of emergency contacts and procedures
5. Appendix 1 - Facility Rules: If applicable, rules and regulations of the facility where activities take place
6. Appendix 2 - Medical Information Form: Optional form for relevant medical information and conditions
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Tourism and Hospitality
Education
Healthcare
Entertainment
Fitness and Wellness
Adventure Tourism
Events Management
Transportation
Construction
Manufacturing
Research and Development
Relevant Teams
Legal
Risk Management
Operations
Compliance
Safety and Security
Customer Relations
Event Management
Human Resources
Facility Management
Program Administration
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Operations Manager
Event Coordinator
Safety Officer
Facility Manager
Sports Director
Tour Guide
Adventure Sports Instructor
Human Resources Manager
Customer Service Manager
Program Director
Business Owner
Recreation Coordinator
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