This Simple Liability Waiver is designed for use in Switzerland and is governed by Swiss law, particularly the Swiss Code of Obligations. It serves as a risk management tool for businesses, service providers, and event organizers who need to protect themselves from potential liability claims while operating within the boundaries of Swiss law. The document is structured to clearly communicate risks to participants or customers, obtain their informed consent, and establish liability limitations that are enforceable under Swiss law. It includes specific carve-outs for gross negligence and intentional acts, which cannot be waived under Swiss law, and provides clear documentation of the agreement between parties. This waiver is particularly useful for activities or services that carry inherent risks, requiring careful balance between business protection and participant rights.
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1. Parties: Identification of the party providing the waiver (Releasor) and the party being released from liability (Releasee), including full legal names and addresses
2. Background: Context of the waiver, including the activity or situation to which the waiver applies
3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Claims', and 'Liability'
4. Acknowledgment of Risks: Explicit acknowledgment by the Releasor of the risks involved in the activity
5. Waiver and Release: Core waiver language specifying what liability is being waived, subject to Swiss law limitations
6. Exceptions to Waiver: Clear statement that the waiver does not apply to gross negligence or intentional acts, as required by Swiss law
7. Governing Law: Specification that Swiss law governs the agreement and its interpretation
8. Severability: Provision stating that if any part of the waiver is found invalid, the rest remains in effect
9. Declaration: Statement that the signing party has read and understood the document
10. Signatures: Space for dated signatures of all parties
1. Medical Release: Optional section for activities involving physical risk, authorizing emergency medical treatment
2. Photography/Media Release: Optional section for waiving rights related to photography or media recording during activities
3. Parent/Guardian Consent: Required only when the Releasor is a minor under Swiss law
4. Insurance Declaration: Optional section confirming whether personal insurance coverage exists
5. Indemnification: Optional section where Releasor agrees to indemnify Releasee against third-party claims
6. Term and Termination: Optional section specifying duration of the waiver, if not for a one-time event
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. Appendix 1 - Safety Guidelines: Optional safety rules and guidelines related to the activities
4. Appendix 2 - Emergency Contacts: Optional list of emergency contact information and procedures
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