Hotel Liability Waiver

Hotel Liability Waiver Template for Malaysia

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Key Requirements PROMPT example:

"I need a Hotel Liability Waiver for a luxury resort in Langkawi, Malaysia, that includes specific provisions for spa facilities, water sports activities, and high-end amenities, with extra emphasis on protecting valuable guest properties."

Document background

The Hotel Liability Waiver is an essential document for hospitality businesses operating in Malaysia, designed to establish clear boundaries of liability between hotels and their guests. This document becomes necessary when guests check into the hotel or use specific hotel facilities, particularly those with inherent risks such as swimming pools, gyms, or spa services. The waiver must comply with Malaysian legislation, including the Consumer Protection Act 1999, Contracts Act 1950, and Tourism Industry Act 1992, while remaining practical and understandable for both domestic and international guests. It serves to protect the hotel's interests while maintaining reasonable and fair terms for guests, addressing various aspects of potential liability from property damage to personal injury.

Suggested Sections

1. Parties: Identification of the hotel operator and the guest, including full legal names and relevant details

2. Background: Brief context explaining the purpose of the waiver and the hotel stay arrangement

3. Definitions: Key terms used in the waiver, including 'Property', 'Services', 'Liability', and 'Force Majeure'

4. Acknowledgment of Risks: Guest's confirmation of understanding the inherent risks associated with hotel stay and use of facilities

5. Scope of Waiver: Specific areas and activities covered by the liability waiver

6. Limitations of Liability: Extent and limitations of the hotel's liability, subject to Malaysian law

7. Guest Obligations: Requirements for guests to follow hotel rules and safety guidelines

8. Emergency Procedures: Reference to emergency protocols and guest responsibilities

9. Governing Law: Specification of Malaysian law as governing law and jurisdiction

10. Execution: Signature blocks and date of execution

Optional Sections

1. Special Activities Waiver: Additional waiver provisions for hotels offering specialized activities like spa services, swimming pools, or gym facilities

2. COVID-19 Provisions: Specific provisions related to pandemic risks and health safety measures

3. Property Damage: Additional provisions regarding guest responsibility for damage to hotel property

4. Insurance Declaration: Statement regarding hotel's insurance coverage and guest's personal insurance

5. Translation Declaration: For international hotels, a clause confirming the English version as the controlling version

6. Medical Conditions: Optional section for guests to declare relevant medical conditions that may affect their stay

Suggested Schedules

1. Schedule 1 - Facility Rules: Detailed rules and regulations for specific hotel facilities

2. Schedule 2 - Emergency Procedures: Detailed emergency protocols and evacuation procedures

3. Schedule 3 - Special Activities Terms: Specific terms and conditions for special activities or facilities

4. Appendix A - Hotel Safety Guidelines: Comprehensive safety guidelines and protocols

5. Appendix B - Insurance Coverage Summary: Summary of hotel's insurance coverage relevant to guest stays

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

Hospitality

Tourism

Travel

Leisure & Recreation

Events & Conferences

Food & Beverage

Corporate Travel

Luxury Services

Relevant Teams

Legal

Operations

Front Office

Guest Services

Risk Management

Compliance

Security

Facilities Management

Customer Relations

Corporate Affairs

Relevant Roles

Hotel General Manager

Operations Director

Legal Counsel

Risk Management Officer

Front Office Manager

Guest Services Manager

Compliance Officer

Hotel Security Manager

Facilities Manager

Customer Relations Manager

Corporate Legal Director

Hospitality Operations Manager

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