Release And Waiver Of Liability

Release And Waiver Of Liability Template for Indonesia

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Key Requirements PROMPT example:

"I need a Release and Waiver of Liability agreement for my adventure tourism company in Bali, Indonesia, covering activities including white-water rafting, rock climbing, and jungle trekking, with specific provisions for international tourists and emergency medical treatment."

Document background

Release And Waiver of Liability agreements are essential risk management tools in Indonesian business operations, particularly in sectors involving physical activities or potential risks to participants. This document, governed by Indonesian law and complying with the Civil Code (KUHPerdata), serves to protect organizations from liability while ensuring participants are fully informed of potential risks. It's commonly used in recreational activities, sports events, adventure tourism, and other situations where participants voluntarily engage in activities with inherent risks. The agreement must balance the organization's need for protection with consumer rights under Indonesian law, including clear risk disclosure and fair terms. It's crucial for businesses operating in Indonesia to have these waivers properly drafted to ensure enforceability while maintaining compliance with local regulations.

Suggested Sections

1. Parties: Identification of the parties: the Releasor (person giving up rights) and Releasee (person/entity being released from liability)

2. Background: Context of the agreement, including the activity or circumstance giving rise to the need for the waiver

3. Definitions: Key terms used throughout the document, including 'Released Parties', 'Activities', 'Claims', and 'Losses'

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

5. Waiver and Release: Core provision where the Releasor waives rights and releases the Releasee from liability

6. Scope of Release: Detailed description of what types of claims and liabilities are being waived

7. Representations and Warranties: Statements by the Releasor about their capacity to enter the agreement and understanding of its implications

8. Duration: Period for which the waiver remains effective

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

2. Photo/Media Release: Additional waiver for use of photographs or recordings, included when activities may involve documentation

3. Parent/Guardian Consent: Required when the Releasor is a minor under Indonesian law

4. Insurance Obligations: Details of required insurance coverage, used in high-risk activities

5. Indemnification: Additional provision where Releasor agrees to indemnify Releasee against third-party claims

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

7. Language Compliance: Required for international usage, stating Indonesian and English versions are equally binding

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 that must be followed

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

5. Appendix 1 - Facility Rules: If applicable, rules and regulations of the facility where activities take place

6. Appendix 2 - Medical Information Form: Optional form for relevant medical information and conditions

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

Tourism and Hospitality

Education

Healthcare

Entertainment

Fitness and Wellness

Adventure Tourism

Events Management

Transportation

Construction

Manufacturing

Research and Development

Relevant Teams

Legal

Risk Management

Operations

Compliance

Safety and Security

Customer Relations

Event Management

Human Resources

Facility Management

Program Administration

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Event Coordinator

Safety Officer

Facility Manager

Sports Director

Tour Guide

Adventure Sports Instructor

Human Resources Manager

Customer Service Manager

Program Director

Business Owner

Recreation Coordinator

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