The Waiver And Indemnity Form is a crucial risk management tool widely used across various sectors in Canada. It serves two primary purposes: first, it obtains a participant's informed consent and waiver of liability for known risks associated with an activity; second, it secures their agreement to indemnify the organization against potential third-party claims. This document is particularly relevant in situations involving physical activities, use of facilities, participation in events, or any scenario where there are inherent risks to participants. The form must be drafted in compliance with Canadian federal and provincial legislation, with particular attention to consumer protection laws and court precedents regarding the enforceability of waivers. Special consideration must be given to the clarity of language, prominence of risk disclosures, and fairness of terms to ensure the document's effectiveness in Canadian courts.
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1. Parties: Identifies all parties to the agreement, including the person/entity being indemnified and the person providing the waiver
2. Background: Brief context about the activity or situation for which the waiver is being provided
3. Definitions: Clear definitions of key terms used throughout the document
4. Acknowledgment of Risks: Detailed description of the risks being assumed by the signing party
5. Waiver of Claims: Express waiver of legal rights to sue or make claims
6. Indemnification: Agreement to indemnify and hold harmless the released party from any claims
7. Emergency Medical Authorization: Authorization for emergency medical treatment if needed
8. Governing Law: Specification that the agreement is governed by Canadian law and the relevant province
9. Severability: Clause stating that if any portion is found invalid, the remainder stays in effect
10. Acknowledgment of Understanding: Confirmation that the signing party has read and understood the document
11. Execution: Signature blocks, date, and witness provisions
1. Photo/Video Release: Optional section for authorizing use of photographs or videos, particularly relevant for recreational activities or events
2. Equipment Usage: Section describing proper use and assumption of risk for specific equipment, relevant for sports or recreational activities
3. Parent/Guardian Consent: Required when the participant is a minor or otherwise legally incapable of signing
4. Insurance Obligations: Section specifying any insurance requirements or acknowledgments
5. Modification of Activities: Provisions allowing for modification or cancellation of activities under certain circumstances
6. Medical Fitness Declaration: Declaration of physical fitness and absence of medical conditions that might create additional risk
7. COVID-19/Infectious Disease Clause: Specific provisions related to infectious disease risks and protocols
1. Schedule A - Description of Activities: Detailed description of the activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule C - Safety Protocols: Detailed safety procedures and protocols that must be followed
4. Schedule D - Emergency Contact Information: Form for emergency contact details and relevant medical information
5. Schedule E - Equipment Checklist: List of required equipment and safety gear if applicable
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Education
Healthcare
Entertainment
Tourism and Hospitality
Fitness and Wellness
Adventure Tourism
Professional Services
Event Management
Construction
Transportation
Real Estate
Retail
Manufacturing
Relevant Teams
Legal
Risk Management
Operations
Compliance
Health and Safety
Customer Relations
Administrative Services
Facilities Management
Event Planning
Human Resources
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Operations Manager
Facility Manager
Event Coordinator
Safety Officer
Program Director
Athletic Director
Recreation Coordinator
Business Owner
Human Resources Manager
Contract Administrator
Insurance Coordinator
Customer Service Manager
Activities Director
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