Personal Liability Waiver

Personal Liability Waiver Template for Indonesia

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Key Requirements PROMPT example:

"I need a Personal Liability Waiver for my rock climbing facility in Jakarta, which will host both adult climbers and minors (with parental consent), including specific provisions for equipment usage and outdoor climbing activities starting January 2025."

Document background

The Personal Liability Waiver serves as a critical risk management tool for businesses and organizations operating in Indonesia. It is commonly used when individuals participate in activities that carry inherent risks, such as sports, recreational activities, medical procedures, or educational programs. The document must comply with Indonesian Civil Code (KUHPerdata), consumer protection laws, and language requirements, making it essential to balance the protection of service providers with mandatory consumer rights. The waiver typically includes comprehensive risk descriptions, clear liability limitations, and specific activity details, while ensuring that certain liabilities (such as those arising from gross negligence) remain non-waivable as per Indonesian law. This document should be drafted in both Indonesian and English languages to ensure legal compliance and clear understanding by all parties.

Suggested Sections

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: Context of the waiver, including the activity or relationship giving rise to the need for the waiver

3. Definitions: Define key terms used throughout the document, including 'Activities', 'Claims', 'Losses', and 'Liability'

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

5. Waiver and Release: Core waiver provisions detailing what liability is being released and the scope of the release

6. Exceptions to Waiver: Clear statement of what cannot be waived under Indonesian law (e.g., gross negligence, willful misconduct)

7. Representations and Warranties: Statements by the Releasor regarding their capacity, understanding, and voluntary acceptance of risks

8. Indemnification: Releasor's agreement to indemnify the Releasee against third-party claims

9. Governing Law: Specification of Indonesian law as governing law and jurisdiction for disputes

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Medical Release: Authorization for emergency medical treatment, used when physical activities are involved

2. Photo/Video Release: Additional waiver for use of photographs or videos, included when activities may be documented

3. Insurance: Details of any required insurance coverage, included when specific insurance requirements exist

4. Parent/Guardian Consent: Additional section required when the Releasor is under 18 years of age

5. Translation Declaration: Statement regarding the accuracy of translation, used when the waiver is bilingual

6. Severability: Clause ensuring partial invalidity doesn't void entire agreement, included in more complex waivers

7. Term and Termination: Include when the waiver needs to specify duration or termination conditions

Suggested Schedules

1. Schedule A - Description of Activities: Detailed description of activities 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, if applicable

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

5. Appendix 1 - Indonesian Language Version: Full Indonesian translation of the waiver as required by law

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

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