Damage Waiver Form Template for Switzerland

A comprehensive legal document governed by Swiss law that provides a framework for limiting liability and managing risk between parties engaged in specific activities or services. This document adheres to Swiss Code of Obligations (OR) requirements, particularly Articles 100 and 101 regarding liability limitations, while maintaining compliance with Swiss consumer protection laws. The form clearly outlines the scope of the waiver, acknowledges potential risks, and includes necessary provisions for valid execution under Swiss jurisdiction, while explicitly excluding liability limitations for gross negligence and willful misconduct as required by Swiss law.

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What is a Damage Waiver Form?

The Damage Waiver Form is a crucial legal document used in Switzerland to establish clear boundaries of liability between parties engaging in potentially risky activities or services. This document is essential when organizations or individuals need to protect themselves from liability while operating within the constraints of Swiss law, which specifically prohibits waiving liability for gross negligence or willful misconduct. The form is commonly used across various sectors including sports, recreation, education, and professional services, where participants need to acknowledge and accept inherent risks. It must comply with the Swiss Code of Obligations (OR) and related regulations, making it particularly important to draft carefully to ensure enforceability while maintaining fairness to all parties involved. The document typically includes risk acknowledgments, scope of waiver, permitted exclusions, and necessary signature blocks for proper execution.

What sections should be included in a Damage Waiver Form?

1. Parties: Identification of the party providing the waiver (releasor) and the party being released from liability (releasee), including full legal names and addresses

2. Background: Brief context explaining the activity or situation for which the waiver is being provided

3. Definitions: Clear definitions of key terms used in the waiver, including 'Damage', 'Activities', and scope of the waiver

4. Acknowledgment of Risks: Detailed description of the risks involved in the activity that the releasor acknowledges and understands

5. Waiver Declaration: The core waiver statement where the releasor explicitly waives their right to claim damages, subject to Swiss law limitations

6. Permitted Liability Exclusions: Clear statement of what liability is being waived, explicitly excluding gross negligence and willful misconduct as per Swiss law

7. Duration and Scope: Temporal and geographic scope of the waiver, defining when and where it applies

8. Governing Law: Explicit statement that the waiver is governed by Swiss law and subject to Swiss jurisdiction

9. Signatures: Space for dated signatures of all parties, including any witness requirements

What sections are optional to include in a Damage Waiver Form?

1. Medical Declaration: Optional section for activities requiring confirmation of medical fitness or acknowledgment of health risks

2. Insurance Provisions: Optional section detailing any insurance requirements or recommendations

3. Parent/Guardian Consent: Required only when the releasor is a minor or requires legal representation

4. Photography and Media Release: Optional section for activities that may involve photography or media recording

5. Emergency Contact Information: Optional section for high-risk activities requiring emergency contact details

6. Language Declaration: Optional section confirming that the releasor understands the language in which the waiver is written, particularly relevant in multilingual Switzerland

What schedules should be included in a Damage Waiver Form?

1. Schedule A - Description of Activities: Detailed description of the specific activities covered by the waiver

2. Schedule B - Safety Procedures: List of safety procedures and protocols that will be followed

3. Appendix 1 - Risk Disclosure: Comprehensive list of potential risks associated with the activities

4. Appendix 2 - Emergency Procedures: Optional appendix detailing emergency protocols and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

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Non Responsibility Waiver

A Swiss law-governed liability waiver document that releases specific parties from responsibility for defined risks and activities, subject to Swiss legal limitations.

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Download a Standard Damage Waiver Form

Review your own Damage Waiver Form

What is a Damage Waiver Form?

What sections should be included in a Damage Waiver Form?

What sections are optional to include in a Damage Waiver Form?

What schedules should be included in a Damage Waiver Form?

Authors

Alex Denne

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