The Waiver And Release Agreement serves as a critical risk management tool for businesses and organizations operating in Indonesia. This document is essential when activities or services involve inherent risks or potential liabilities, requiring participants or service recipients to acknowledge these risks and voluntarily waive their right to future legal claims. The agreement must comply with Indonesian Civil Code requirements and consumer protection regulations while being specific enough to be enforceable under local law. It's commonly used in recreational activities, educational programs, medical procedures, sporting events, and various business operations where clear risk allocation is necessary. The document typically includes detailed descriptions of the activities covered, specific risks involved, and the exact scope of the release, while ensuring all provisions align with Indonesian legal principles and public policy considerations.
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1. Parties: Identifies and defines all parties to the agreement - the Releasor (person giving up rights) and Releasee (person being released from liability)
2. Background: Explains the context and circumstances leading to the waiver and release agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and precision
4. Scope of Release: Clearly specifies what claims, rights, and liabilities are being waived and released
5. Acknowledgment of Risks: Statement acknowledging understanding of risks involved and voluntary acceptance of these risks
6. Consideration: Specifies what the Releasor receives in exchange for the waiver (required for contract validity)
7. Duration: Specifies the time period for which the waiver remains effective
8. Representations and Warranties: Statements by the Releasor about their capacity and authority to enter into the agreement
9. Governing Law: Specifies Indonesian law as governing law and relevant jurisdiction
10. Entire Agreement: Confirms this document represents the complete agreement between parties
11. Execution: Signature blocks and execution requirements
1. Medical Release: Include when the waiver involves medical treatment or health-related activities
2. Parent/Guardian Consent: Required when the Releasor is a minor or legally incapacitated person
3. Insurance Provisions: Include when specifying insurance requirements or coverage related to the activities
4. Emergency Contact: Add when the waiver relates to physical activities or events where emergency contacts might be needed
5. Photo/Media Release: Include when the activity might involve photography or media recording
6. Severability: Optional clause stating that if any provision is found invalid, others remain effective
7. Indemnification: Additional protection where Releasor agrees to indemnify Releasee against third-party claims
8. Confidentiality: Include when the waiver involves confidential information or trade secrets
1. Schedule A - Description of Activities: Detailed description of activities or events covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of risks associated with the activities being waived
3. Schedule C - Safety Procedures: Required safety measures or procedures related to the activities
4. Schedule D - Medical Information: Any relevant medical information or health declarations if applicable
5. Appendix 1 - Consent Forms: Additional forms requiring signature (e.g., parent/guardian consent forms)
6. Appendix 2 - Insurance Documents: Copies of relevant insurance policies or coverage details if applicable
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Education
Healthcare
Tourism and Hospitality
Entertainment
Fitness and Wellness
Adventure Sports
Corporate Training
Events Management
Manufacturing
Construction
Research and Development
Relevant Teams
Legal
Risk Management
Compliance
Operations
Human Resources
Safety and Security
Facilities Management
Customer Relations
Business Development
Event Management
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Operations Manager
Event Coordinator
Human Resources Director
Safety Officer
Facility Manager
Program Director
Training Coordinator
Sports Director
Medical Administrator
Customer Service Manager
Business Development Manager
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