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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."
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
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
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
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
Legal
Risk Management
Operations
Compliance
Safety and Security
Customer Service
Business Development
Insurance
Facilities Management
Administration
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
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