The General Waiver Of Liability Form is a crucial legal document used in Switzerland to establish a clear understanding between parties regarding the assumption of risks and limitation of liability. This document is essential when offering activities or services that carry inherent risks, whether in recreational, educational, or professional contexts. It must be drafted in accordance with Swiss law, particularly the Swiss Code of Obligations (OR) and Swiss Civil Code (ZGB), which place specific restrictions on liability waivers. The document cannot exclude liability for intentional wrongdoing or gross negligence, and certain types of liability cannot be waived at all under Swiss law. It typically includes detailed descriptions of activities, associated risks, and clear acknowledgments from participants, while maintaining a balance between protecting the service provider and ensuring fairness to the participant under Swiss legal principles.
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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 purpose of the waiver and the relationship between the parties
3. Definitions: Clear definitions of key terms used in the document, particularly 'Activities', 'Claims', and 'Liability'
4. Acknowledgment of Risks: Clear statement of the risks involved and confirmation that the Releasor understands these risks
5. Scope of Waiver: Detailed description of what liability is being waived, explicitly stating what is and isn't covered, with specific reference to Swiss law limitations
6. Exceptions to Waiver: Clear statement of what cannot be waived under Swiss law (e.g., gross negligence, intentional harm)
7. Representations and Warranties: Statements by the Releasor confirming their capacity to enter into the agreement and understanding of its implications
8. Term and Termination: Duration of the waiver and any circumstances under which it may be terminated
9. Governing Law: Explicit statement that Swiss law governs the agreement and its interpretation
10. Signatures: Execution block for all parties, including date and place of signing
1. Medical Release: Authorization for emergency medical treatment, used when the waiver relates to physical activities or events
2. Photography and Media Release: Waiver of rights related to photographs or recordings, used for events or activities where media might be captured
3. Insurance Obligations: Details of any required insurance coverage, used when specific insurance requirements exist
4. Parent/Guardian Consent: Additional section for minors requiring parent or guardian approval
5. Indemnification: Agreement to indemnify the Releasee against third-party claims, used in higher-risk situations
6. Severability: Clause ensuring remaining provisions stay valid if some are found unenforceable, used in more complex waivers
1. Schedule A - Description of Activities: Detailed list and description of activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Appendix 1 - Safety Procedures: Document outlining safety procedures and protocols that will be followed
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