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Damage Waiver Form

Damage Waiver Form Template for Indonesia

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Key Requirements PROMPT example:

Damage Waiver Form

"I need a Damage Waiver Form for my adventure sports company in Bali, which offers rock climbing and white-water rafting activities, with specific clauses about equipment usage and a strong emphasis on risk disclosure for high-risk activities."

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Document background
The Damage Waiver Form is a critical legal document used in Indonesia when businesses or service providers need to protect themselves from liability while maintaining compliance with local laws. This document is essential in situations where activities or services carry inherent risks, and participants need to acknowledge and accept these risks before proceeding. The form must comply with Indonesian Civil Code (KUHPerdata) requirements for valid agreements and Law No. 8 of 1999 on Consumer Protection, ensuring that waiver provisions are fair and transparent. It's particularly relevant for recreational activities, equipment rental, sporting events, and similar services where participants need to acknowledge potential risks. The document includes mandatory elements such as clear risk disclosure, scope of liability waiver, and participant acknowledgments, all structured to be enforceable under Indonesian law.
Suggested Sections

1. Parties: Identification of all parties involved - the party seeking the waiver (typically a business/service provider) and the party granting the waiver (typically a customer/participant)

2. Background: Brief context explaining the purpose of the waiver and the activities or services it relates to

3. Definitions: Clear definitions of key terms used in the document, including 'Damage', 'Activities', 'Premises', etc.

4. Scope of Waiver: Detailed description of what risks and liabilities are being waived, with specific examples where appropriate

5. Acknowledgment of Risks: Statement confirming that the signing party understands and accepts the risks involved

6. Indemnification: Terms under which the signing party agrees to hold harmless the other party

7. Declarations: Statements confirming the signing party's capacity to enter into the agreement and understanding of its terms

8. Execution: Signature blocks, date, and witness provisions

Optional Sections

1. Medical Authorization: Authorization for emergency medical treatment - include when the waiver relates to physical activities or events

2. Photo/Video Release: Permission to use participant's image - include for events or activities where photography/videography may occur

3. Insurance Details: Information about any insurance coverage - include when specific insurance requirements exist

4. Parent/Guardian Consent: Additional signature section for minors - include when participants may be under 18

5. Equipment Usage: Specific terms regarding use of equipment - include when equipment is provided as part of the activity

6. Governing Law Choice: Specific choice of law provisions - include when activities may cross provincial boundaries within Indonesia

Suggested Schedules

1. Schedule A - Description of Activities: Detailed list of activities covered by the waiver

2. Schedule B - Safety Procedures: Outline of safety protocols and procedures participants must follow

3. Schedule C - Emergency Contacts: Form for participant's emergency contact information

4. Appendix 1 - Risk Disclosure: Comprehensive list of potential risks associated with the activities

5. Appendix 2 - Facility Rules: Specific rules and regulations for using facilities or equipment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Sports and Recreation

Tourism and Hospitality

Entertainment

Education and Training

Fitness and Wellness

Adventure Sports

Event Management

Equipment Rental

Transportation

Construction

Real Estate

Relevant Teams

Legal

Risk Management

Operations

Customer Service

Safety and Compliance

Facilities Management

Event Management

Business Development

Administrative Support

Training and Development

Relevant Roles

Legal Counsel

Risk Manager

Operations Manager

Facility Manager

Safety Coordinator

Customer Service Manager

Event Coordinator

Business Owner

Compliance Officer

Recreation Director

Training Coordinator

Property Manager

Industries
Indonesian Civil Code (KUHPerdata): Provides the basic framework for contract formation, validity requirements, and civil obligations. Particularly relevant are Articles 1320 (requirements for valid agreements) and 1337 (lawful cause requirement).
Law No. 8 of 1999 on Consumer Protection: Regulates business-consumer relationships and sets limitations on liability waivers to protect consumer rights. Specifically addresses the extent to which businesses can limit their liability.
Law No. 13 of 2003 on Labor: If the waiver involves workplace incidents or employee relations, this law governs workplace safety and employer liability aspects.
Government Regulation No. 58 of 2001: Implementing regulation for consumer protection law, providing specific guidelines on business responsibility and limitation of liability.
Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution: Relevant for including dispute resolution mechanisms in the waiver agreement and determining how disputes related to the waiver will be resolved.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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