The Release And Waiver Of Liability Form is a crucial legal document used in Malaysia when individuals participate in activities that carry inherent risks. This document serves as a risk management tool for businesses and organizations, requiring participants to acknowledge potential risks and waive their right to legal action for ordinary negligence. The form must comply with Malaysian legislation, including the Contracts Act 1950, Civil Law Act 1956, and Consumer Protection Act 1999. It's commonly used in recreational facilities, educational institutions, event venues, and various other settings where activities might pose risks to participants. The document typically includes comprehensive details about specific risks, emergency procedures, and the scope of the waiver, while ensuring all terms are fair and reasonable under Malaysian law.
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1. Parties: Identification of the parties: the Releasor (person signing the waiver) and the Releasee (person/organization being released from liability)
2. Background: Brief context explaining the purpose of the waiver and the relationship between the parties
3. Definitions: Key terms used in the document including 'Activities', 'Claims', 'Liability', and other relevant terms
4. Acknowledgment of Risks: Detailed acknowledgment of the risks and dangers associated with the activities
5. Waiver and Release: Core section stating the release from liability and specific rights being waived
6. Indemnification: Agreement to indemnify the Releasee against any claims arising from the activities
7. Governing Law: Specification that Malaysian law governs the agreement
8. Declaration: Statement that the Releasor has read and understood the document
9. Execution: Signature block with date and witness requirements
1. Medical Authorization: Authorization for emergency medical treatment if needed during activities
2. Media Release: Permission to use photographs or recordings of the participant during activities
3. Insurance Declaration: Acknowledgment of insurance coverage or lack thereof
4. Parent/Guardian Consent: Required when the participant is under 18 years old
5. Covid-19/Health Declaration: Specific health-related acknowledgments and waivers
6. Severability Clause: Provision stating that if any part of the waiver is found invalid, the rest remains in effect
1. Schedule A - Description of Activities: Detailed list of activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of risks associated with the activities
3. Appendix 1 - Safety Guidelines: Safety rules and procedures that must be followed during activities
4. Appendix 2 - Emergency Contact Form: Emergency contact information for the participant
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