The Parking Lot Liability Waiver is essential for businesses and organizations operating parking facilities in Canada. This document serves as a risk management tool that defines the scope of liability and establishes clear expectations between parking facility operators and users. It is designed to comply with provincial occupiers' liability legislation, consumer protection laws, and relevant case law regarding the enforceability of liability waivers. The document should be used whenever a parking facility is made available to vehicles, whether for free or paid parking, and should be prominently displayed or acknowledged by users. It typically includes provisions for property damage, theft prevention, facility rules, and indemnification clauses, all tailored to meet Canadian legal requirements and industry standards.
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1. Parties: Identification of the parking facility operator and the vehicle owner/operator (parker)
2. Background: Brief context explaining the purpose of the waiver and the nature of the parking service being provided
3. Definitions: Key terms including 'Vehicle', 'Parking Facility', 'Personal Property', 'Parking Period', and 'Claims'
4. Acknowledgment of Risk: Statement acknowledging inherent risks of parking in an unattended facility
5. Waiver of Liability: Core waiver language releasing the facility operator from various types of liability
6. Parker Responsibilities: List of parker obligations including proper parking, securing vehicle, and following facility rules
7. Property Damage and Loss: Specific provisions regarding damage to or theft of vehicles and personal property
8. Indemnification: Parker's agreement to indemnify operator for claims arising from parker's use of facility
9. General Provisions: Standard clauses including governing law, severability, and entire agreement
1. Valet Services: Additional terms specific to valet parking services, if offered
2. Security Measures: Description of security systems and disclaimer of guaranteed security, if applicable
3. Special Events: Additional terms for special event parking circumstances
4. Long-term Storage: Specific provisions for long-term parking arrangements
5. Electric Vehicle Charging: Terms related to EV charging facilities and liability
6. Payment Terms: Details of payment requirements and procedures if not a free parking facility
7. Commercial Vehicles: Special provisions for commercial vehicles if allowed in the facility
1. Schedule A - Facility Rules and Regulations: Detailed rules and regulations for using the parking facility
2. Schedule B - Parking Fee Schedule: List of applicable parking fees and payment terms if not a free facility
3. Schedule C - Facility Map: Map showing designated parking areas, exits, and restricted zones
4. Appendix 1 - Incident Report Form: Standard form for reporting accidents or incidents in the parking facility
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