Legal Templates
Restaurant Waiver Form

Restaurant Waiver Form for India

Restaurant Waiver Form Template for India

A comprehensive legal document designed for use in Indian restaurants and food service establishments that helps protect the business against various liability claims while maintaining compliance with Indian food safety and consumer protection laws. The form includes customer acknowledgments of potential risks, health declarations, and specific waivers related to food consumption, while incorporating necessary elements to ensure enforceability under Indian contract law. It balances the restaurant's need for protection with consumer rights as established under the Consumer Protection Act, 2019 and related Indian legislation.

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What is a Restaurant Waiver Form?

The Restaurant Waiver Form serves as a crucial risk management tool for food service establishments operating in India. This document becomes necessary when restaurants want to protect themselves against potential liability claims while maintaining transparency with customers about possible risks. It is particularly relevant for establishments serving items that may pose specific risks (such as very spicy foods, raw items, or common allergens) or operating in environments where additional liability protection is prudent. The form must comply with Indian legal requirements, including the Food Safety and Standards Act, 2006, and the Consumer Protection Act, 2019, while remaining practical for daily use. It typically includes customer identification, health declarations, specific risk acknowledgments, and emergency contact information.

What sections should be included in a Restaurant Waiver Form?

1. Customer Information: Section for customer's identifying information including full name, contact details, and date of visit

2. Restaurant Information: Legal name and address of the restaurant, registration details, and FSSAI license number

3. General Waiver Statement: Primary waiver language outlining the general release of liability

4. Specific Risk Acknowledgments: Detailed list of specific risks being waived, including food allergies, temperature of served items, and personal property

5. Health Declarations: Customer's acknowledgment of their health condition and any known allergies

6. Emergency Contact: Space for emergency contact information in case of any incidents

7. Signature Block: Space for customer signature, date, and witness signature if required

What sections are optional to include in a Restaurant Waiver Form?

1. Photography Release: Optional section for allowing restaurant to use customer's photos or videos - include when restaurant frequently takes pictures for social media

2. Special Event Provisions: Additional terms specific to special events or promotional activities - include when hosting special events

3. Guardian Consent: Additional section for minors requiring guardian's signature - include when accepting waivers from customers under 18

4. COVID-19 Declarations: Specific health declarations related to COVID-19 - include during pandemic conditions

5. Language Declaration: Declaration that the customer has read and understood the waiver in their preferred language - include in areas with multiple predominant languages

What schedules should be included in a Restaurant Waiver Form?

1. Schedule A - Allergen List: Comprehensive list of common allergens present in the restaurant's kitchen

2. Schedule B - High-Risk Items: List of menu items that carry specific risks (e.g., raw foods, extremely spicy items)

3. Appendix 1 - Emergency Procedures: Restaurant's emergency response procedures and important contact numbers

4. Appendix 2 - Terms Glossary: Definitions of technical or legal terms used in the waiver form

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

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Jurisdiction

India

Publisher

Genie AI

Document Type

Liability Waiver

Sector

Risk Management

Cost

Free to use
Relevant Industries

Restaurants

Food Service

Hospitality

Catering

Food & Beverage

Quick Service Restaurants

Fine Dining

Cafes

Food Courts

Cloud Kitchens

Relevant Teams

Legal

Operations

Customer Service

Risk Management

Compliance

Front of House

Quality Assurance

Guest Relations

Administration

Relevant Roles

Restaurant Owner

Restaurant Manager

Legal Counsel

Compliance Officer

Risk Manager

Operations Manager

Front of House Manager

Customer Service Manager

Food Safety Officer

Quality Assurance Manager

Industries
Food Safety and Standards Act, 2006: Establishes food safety standards and regulations that restaurants must comply with. Any waiver must not contradict the mandatory safety obligations under this Act.
Consumer Protection Act, 2019: Protects consumer rights and interests. The waiver must be drafted in consideration of consumer rights that cannot be waived under this law.
Indian Contract Act, 1872: Governs the basic principles of contract formation, including aspects of consent, capacity, and consideration that are essential for a valid waiver.
The Hotels and Restaurants Act (State-specific): State-specific regulations governing restaurant operations and customer service standards that may affect the scope of waivers.
Legal Metrology Act, 2009: Regulates weights, measures, and pricing in commercial transactions, including restaurant services.
Indian Penal Code, 1860: Relevant sections dealing with negligence and criminal liability that cannot be waived through a contract.
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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