The Land Use Liability Waiver is a critical legal instrument used across Canadian provinces to manage risk and liability associated with allowing third-party access to private or managed property. This document becomes essential when property owners or managers permit individuals or groups to use their land for recreational, educational, or other specified purposes. It addresses requirements under provincial occupiers' liability legislation, incorporating necessary risk disclosures, clear waiver language, and indemnification provisions. The document is particularly relevant in contexts where regular public or group access is anticipated, such as recreational areas, educational facilities, or event venues. It should be customized based on specific provincial requirements, property characteristics, and intended use patterns, while maintaining enforceability under Canadian law.
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1. Parties: Identification of the land owner/occupier and the individual(s) seeking access to the property
2. Background: Context of the agreement, including the nature of the property and general purpose for access
3. Definitions: Key terms used throughout the waiver, including 'Property', 'Activities', 'Risks', and 'Claims'
4. Property Description: Specific description of the land or property covered by the waiver
5. Permitted Activities: Detailed description of activities allowed on the property
6. Acknowledgment of Risks: Explicit acknowledgment of risks associated with the permitted activities and property conditions
7. Waiver and Release: Core waiver language releasing the owner from liability for specified risks and incidents
8. Indemnification: User's agreement to indemnify the owner against claims arising from their use of the property
9. Emergency Contact and Medical Information: User's emergency contact information and relevant medical conditions
10. Term and Termination: Duration of the waiver and circumstances for termination
11. Governing Law: Specification of applicable Canadian provincial law
12. Execution: Signature blocks and date of execution
1. Special Hazards: Section addressing specific known hazards on the property, used when there are unique or significant risks
2. Insurance Requirements: Required insurance coverage for users, included when activities pose higher risks
3. Group Activities: Additional provisions for group events or activities, used when property may be accessed by organized groups
4. Minor Participants: Additional provisions and parental consent requirements, included when minors may be accessing the property
5. Equipment Use: Provisions regarding use of equipment on the property, included when equipment is provided or allowed
6. Seasonal Conditions: Specific provisions for seasonal risks or activities, used for properties with significant seasonal variations
7. Photography and Media: Rules regarding photography and media recording on the property, included when privacy or commercial concerns exist
1. Schedule A - Property Map: Detailed map or survey of the property showing boundaries and restricted areas
2. Schedule B - Rules and Regulations: Comprehensive list of property rules and safety regulations
3. Schedule C - Emergency Procedures: Emergency protocols and contact information
4. Schedule D - Known Hazards: Detailed list and description of known hazards on the property
5. Appendix 1 - Activity Guidelines: Specific guidelines for permitted activities
6. Appendix 2 - Incident Report Form: Standard form for reporting any incidents or accidents
7. Appendix 3 - Medical Information Form: Optional form for relevant medical information
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