Waiver Release And Hold Harmless Agreement

Waiver Release And Hold Harmless Agreement Template for Switzerland

Create a bespoke document in minutes, or upload and review your own.

4.6 / 5

4.8 / 5

Let's create your Waiver Release And Hold Harmless Agreement

1. Select your governing law and document type:

2. Enter your key requirements:

3. Create your document to edit, review or download

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

"I need a Waiver Release And Hold Harmless Agreement under Swiss law for my adventure sports company that offers rock climbing and paragliding activities, with specific coverage for equipment usage and emergency medical treatment authorization."

Document background

The Waiver Release And Hold Harmless Agreement is a critical risk management tool used in Switzerland when one party wishes to protect itself from liability claims arising from voluntary participation in activities or services. This document type is especially relevant in situations involving inherent risks, such as sports activities, educational programs, or facility usage. Under Swiss law, while parties can agree to limit liability for ordinary negligence, the agreement cannot exclude liability for gross negligence or intentional wrongdoing, as per the Swiss Code of Obligations. The document typically includes comprehensive risk descriptions, clear acknowledgments of understanding, and specific details about the activities covered. It's essential to note that Swiss courts generally interpret such agreements strictly, making precise drafting crucial for enforceability.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the waiver

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Released Parties', 'Activities', and 'Claims'

4. Acknowledgment of Risks: Detailed acknowledgment by the releasing party of all known and potential risks involved

5. Waiver and Release: Core waiver provisions specifying what claims and rights are being waived, with clear limitations regarding gross negligence and willful misconduct as per Swiss law

6. Indemnification: Hold harmless provisions detailing the releasing party's obligation to indemnify the released parties

7. Term and Survival: Duration of the waiver and which provisions survive termination

8. Assumption of Risk: Express assumption of risks by the releasing party

9. Severability: Provision ensuring remaining clauses stay valid if any part is found unenforceable

10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of competent courts

11. Entire Agreement: Confirmation that the document represents the complete agreement between parties

12. Signatures: Execution blocks for all parties, including date and place of signing

Optional Sections

1. Medical Authorization: Authorization for emergency medical treatment, used when the waiver relates to physical activities or events

2. Insurance: Details of required insurance coverage, used when specific insurance requirements exist

3. Photo/Media Release: Additional waiver for use of photographs or media, included when relevant to the activities

4. Parent/Guardian Consent: Required when the releasing party is a minor under Swiss law

5. Property Damage: Specific provisions regarding potential damage to property, used when activities involve use of facilities or equipment

6. Confidentiality: Provisions regarding confidential information, used when activities might involve exposure to sensitive information

7. Language Declaration: Declaration that the party understands the agreement if not in their primary language, important in Switzerland's multilingual context

Suggested Schedules

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

2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities

3. Schedule C - Safety Procedures: Required safety procedures and protocols that must be followed

4. Schedule D - Emergency Contacts: List of emergency contacts and procedures

5. Appendix 1 - Insurance Requirements: Detailed insurance requirements and coverage specifications if applicable

6. Appendix 2 - Facility Rules: Specific rules and regulations for facility use, if applicable

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Sports and Recreation

Education and Training

Healthcare

Entertainment

Tourism and Hospitality

Adventure Sports

Fitness and Wellness

Corporate Events

Research and Development

Manufacturing

Construction

Transportation

Professional Services

Real Estate

Relevant Teams

Legal

Risk Management

Operations

Compliance

Facilities Management

Event Planning

Safety and Security

Human Resources

Property Management

Contract Administration

Customer Relations

Program Management

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Director

Facility Manager

Event Coordinator

Safety Officer

Program Director

Athletic Director

Training Coordinator

Business Owner

Property Manager

Contract Administrator

Recreation Supervisor

Tour Guide

Fitness Instructor

Research Coordinator

Construction Manager

Find the exact document you need