Legal Templates
Liability Form

Liability Form for Malta

Liability Form Template for Malta

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Liability Form

"I need a Liability Form for my scuba diving business in Malta, which will operate starting March 2025, covering equipment rental and guided diving activities, with specific focus on safety protocols and emergency procedures for both beginner and advanced divers."

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What is a Liability Form?

This Liability Form is a crucial legal document designed for use in Malta by businesses and service providers seeking to establish clear parameters around risk allocation and liability limitations. The document complies with Maltese law, including the Civil Code (Chapter 16) and relevant EU-derived legislation, making it suitable for both commercial and consumer contexts. It should be used when offering services or activities that carry inherent risks, requiring participant acknowledgment and consent. The form includes comprehensive sections covering risk disclosure, liability limitations, indemnification provisions, and necessary declarations, all structured to be enforceable under Maltese jurisdiction. Particularly valuable for activities requiring clear risk communication and liability management, this document serves as a protective measure for businesses while ensuring transparency for participants.

What sections should be included in a Liability Form?

1. Parties: Identification of all parties involved, including full legal names, addresses, and registration numbers (if applicable) for both the party limiting liability and the party accepting the limitations

2. Definitions: Clear definitions of key terms used throughout the form, particularly defining the activities, services, or circumstances covered by the liability waiver

3. Risk Acknowledgment: Explicit acknowledgment of the risks involved in the activity or service being provided, with specific examples where applicable

4. Scope of Liability Waiver: Clear delineation of what liability is being waived, including specific activities, timeframes, and circumstances covered by the waiver

5. Representations and Warranties: Statements by the accepting party confirming their understanding of risks and capacity to enter into the waiver

6. Indemnification: Terms under which the accepting party agrees to indemnify the other party against claims, losses, or damages

7. Governing Law: Explicit statement that the form is governed by Maltese law and subject to Maltese jurisdiction

8. Execution: Signature blocks, date, and witness provisions as required under Maltese law

What sections are optional to include in a Liability Form?

1. Medical Disclosure: Required for activities involving physical risk, including declaration of medical conditions and fitness to participate

2. Insurance Requirements: Include when specific insurance coverage is required or recommended for the activities covered

3. Emergency Contact Information: Necessary for high-risk activities or when immediate contact might be required

4. Photo/Video Release: Include when activities may involve photography or video recording

5. Data Protection Clause: Required when personal data will be collected or processed, ensuring GDPR compliance

6. Severability: Optional clause ensuring remaining provisions stay valid if any part is found unenforceable

What schedules should be included in a Liability Form?

1. Schedule A - Description of Activities: Detailed description of activities, services, or circumstances covered by the liability waiver

2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities or services

3. Schedule C - Safety Procedures: Outline of safety procedures, protocols, or requirements that must be followed

4. Appendix 1 - Emergency Procedures: Details of emergency procedures and protocols to be followed in case of incidents

5. Appendix 2 - Insurance Requirements: Specific details of required insurance coverage, if applicable

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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alex.den.21@genieai.co
Relevant Industries

Tourism and Leisure

Sports and Recreation

Professional Services

Healthcare

Education and Training

Entertainment

Fitness and Wellness

Transportation

Construction

Events Management

Adventure Sports

Marine Activities

Equipment Rental

Hospitality

Relevant Teams

Legal

Risk Management

Operations

Compliance

Administration

Customer Service

Safety and Security

Training

Events

Business Development

Facility Management

Relevant Roles

Legal Counsel

Risk Manager

Operations Director

Compliance Officer

Business Owner

Events Manager

Safety Coordinator

Facility Manager

Training Coordinator

Customer Service Manager

Operations Manager

Program Director

Activity Supervisor

General Manager

Administrative Director

Industries
Maltese Civil Code (Chapter 16 of the Laws of Malta): Primary legislation governing contracts, civil obligations, and liability in Malta. Particularly relevant are Articles 960-1039 dealing with contractual obligations and Articles 1031-1051 concerning tort liability.
Consumer Affairs Act (Chapter 378 of the Laws of Malta): Regulates consumer protection and includes provisions about unfair terms in consumer contracts, particularly relevant if the liability form is used with consumers.
Product Safety Act (Chapter 427 of the Laws of Malta): Relevant if the liability form relates to products or services, as it governs product liability and safety requirements.
Unfair Contract Terms Act Regulations (S.L. 378.08): Subsidiary legislation that specifically deals with unfair terms in contracts, including liability limitations and exclusions.
Malta Enterprise Act (Chapter 463): Relevant for business-related liability forms, particularly in terms of commercial relationships and business obligations.
Electronic Commerce Act (Chapter 426): Important if the liability form will be executed electronically or as part of online services.
Data Protection Act (Chapter 586): Necessary consideration if the liability form involves collection or processing of personal data, ensuring compliance with GDPR requirements as implemented in Malta.
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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