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.
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Key Requirements PROMPT example:
Waiver Release And Hold Harmless Agreement
"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."
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
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
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
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
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