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Waiver Of Liability And Indemnity Agreement Template for Malaysia

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Key Requirements PROMPT example:

Waiver Of Liability And Indemnity Agreement

"I need a Waiver of Liability and Indemnity Agreement for my adventure sports company in Langkawi, Malaysia, covering rock climbing and paragliding activities, to be used starting January 2025, with specific provisions for both adult participants and minors with parental consent."

Document background
The Waiver of Liability and Indemnity Agreement is essential in situations where activities or services involve inherent risks and the service provider needs protection against potential claims. This document, commonly used in Malaysia and governed by Malaysian law, serves a dual purpose: it acts as both a waiver of the participant's right to sue and an indemnification agreement protecting the service provider. The agreement should be used when offering services or activities with inherent risks, such as sports activities, medical procedures, or adventure tourism. It typically includes detailed descriptions of risks, clear waiver language, indemnification provisions, and must comply with Malaysian legal requirements including the Contracts Act 1950 and relevant consumer protection laws. The document is particularly important in commercial relationships where risk management and liability protection are crucial considerations.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including the party providing the waiver (Releasor) and the party being released from liability (Releasee)

2. Background: Explains the context and purpose of the agreement, including the activities or circumstances that necessitate the waiver

3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Liability', 'Indemnified Parties', and specific activity-related terms

4. Acknowledgment of Risks: Details the risks associated with the activities covered by the waiver that the Releasor acknowledges and accepts

5. Waiver and Release: Core section detailing the specific rights being waived and the extent of the release from liability

6. Indemnification: Sets out the indemnification obligations of the Releasor, including scope and extent of indemnification

7. Representations and Warranties: Statements by the Releasor confirming their understanding of the agreement and capacity to enter into it

8. Term and Survival: Specifies the duration of the agreement and which provisions survive termination

9. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and establishes jurisdiction for disputes

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance: Required when specific insurance arrangements need to be maintained by either party

2. Medical Authorization: Include when the activities might require emergency medical treatment

3. Parent/Guardian Consent: Required when the Releasor is a minor or requires guardian consent

4. Severability: Optional clause ensuring survival of agreement if certain provisions are found invalid

5. Photo/Media Release: Include when activities may involve photography or media recording

6. Assumption of Additional Risks: Required for high-risk activities or when future risks may arise

7. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation or arbitration provisions

Suggested Schedules

1. Schedule A - Description of Activities: Detailed description of activities or services 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 or protocols that must be followed

4. Schedule D - Emergency Contacts: List of emergency contacts and procedures (if applicable)

5. Appendix 1 - Incident Report Form: Standard form for reporting any incidents or accidents

6. Appendix 2 - Medical Information Form: Form for relevant medical information (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

Healthcare

Education

Tourism and Hospitality

Entertainment

Fitness and Wellness

Adventure Tourism

Medical Services

Event Management

Construction

Manufacturing

Research and Development

Transportation

Professional Services

Relevant Teams

Legal

Risk Management

Operations

Compliance

Safety and Security

Customer Service

Business Development

Insurance

Facilities Management

Administration

Relevant Roles

Legal Counsel

Risk Manager

Operations Director

Facility Manager

Safety Officer

Compliance Manager

Business Owner

Events Coordinator

Sports Instructor

Medical Director

Insurance Coordinator

Customer Service Manager

Contract Administrator

Chief Operating Officer

General 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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