The Property Damage Waiver Form is an essential risk management tool used throughout Canadian jurisdictions to establish clear boundaries of liability between property owners/operators and property users. This document becomes necessary when allowing third parties to access, use, or occupy property, whether for temporary events, long-term rentals, or specific activities. The waiver outlines the scope of potential damages being waived, acknowledges risks, and includes indemnification provisions. It must comply with provincial property laws and regulations, including specific considerations for Quebec's Civil Code. The document typically includes detailed property descriptions, specific risks being waived, duration of the waiver, and necessary legal declarations. Property owners and managers should ensure the waiver is regularly updated to reflect current legal requirements and property conditions.
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1. Parties: Identification of the property owner/operator and the individual/entity signing the waiver
2. Background: Context of the waiver, including the purpose of the individual's presence on the property
3. Definitions: Key terms used in the waiver, including 'Property', 'Damage', 'Activities', and 'Liability'
4. Property Description: Detailed description of the property covered by the waiver
5. Scope of Waiver: Specific details of what types of damage and liability are being waived
6. Acknowledgment of Risks: Statement acknowledging the risks associated with the use of the property
7. Release of Liability: Formal waiver language releasing the property owner from liability for specified damages
8. Indemnification: Agreement by the signing party to indemnify the property owner against claims
9. Duration: Time period for which the waiver remains valid
10. Governing Law: Specification of applicable provincial law and jurisdiction
11. Signature Block: Space for dates, signatures, and witness signatures if required
1. Insurance Requirements: Required when the waiver needs to specify insurance obligations of either party
2. Emergency Contact Information: Used when the property usage involves higher-risk activities
3. Photo/Video Release: Include when the property may be used for events where photos/videos might be taken
4. Special Conditions: Used when there are specific property conditions or restrictions that need to be highlighted
5. Severability Clause: Optional legal clause stating that if one part of the waiver is found invalid, the rest remains in effect
6. Translation Declaration: Required when the waiver is provided in multiple languages or when the signer's primary language is not English
1. Schedule A - Property Details: Detailed description of the property, including photos, maps, or floor plans if relevant
2. Schedule B - Specific Risks: Itemized list of specific risks or potential damages being waived
3. Schedule C - Rules and Regulations: Any specific rules or regulations regarding property use
4. Appendix 1 - Insurance Certificates: Copies of relevant insurance certificates if required
5. Appendix 2 - Safety Procedures: Documentation of safety procedures or protocols if applicable
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