An Indemnity Waiver serves as a risk management tool widely used across various industries in the United States. This document is essential when activities involve potential risks or hazards, requiring participants to acknowledge these risks and waive their right to sue for ordinary negligence. The waiver must be carefully drafted to comply with state-specific requirements, as enforcement varies by jurisdiction. While an Indemnity Waiver can provide significant protection, it typically cannot waive liability for gross negligence or willful misconduct.
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1. Parties: Identification of the parties entering into the waiver agreement, including full legal names and contact information
2. Background: Context and purpose of the waiver, explaining the relationship between parties and activities involved
3. Definitions: Key terms used throughout the document, including specific activities, risks, and legal terminology
4. Scope of Waiver: Detailed description of activities, circumstances, and types of liability covered by the waiver
5. Indemnification Clause: Core waiver language specifying the extent of liability release and indemnification obligations
6. Acknowledgment: Confirmation that the signing party understands the waiver terms and voluntarily accepts them
1. Medical Authorization: Authorization for emergency medical treatment and disclosure of relevant medical conditions
2. Photo/Media Release: Permission to use images, recordings, or other media captured during the covered activities
3. Parent/Guardian Consent: Additional consent section for participants under 18, including guardian acknowledgment and acceptance
1. Schedule A - Description of Activities: Comprehensive list of activities, events, or circumstances covered by the waiver
2. Schedule B - Specific Risks: Detailed enumeration of potential risks, hazards, and dangers being waived
3. Schedule C - Emergency Contacts: Emergency contact information and relevant medical details of the participating party
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