Legal Templates
Liability Waiver

Liability Waiver for Malta

Liability Waiver Template for Malta

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Liability Waiver

"I need a Liability Waiver for my new scuba diving school in Malta, which will open in March 2025, covering both beginner training and advanced diving excursions, with specific attention to equipment usage and underwater risks."

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What is a Liability Waiver?

This Liability Waiver template is essential for businesses and organizations operating in Malta that need to manage their risk exposure while ensuring compliance with both Maltese and EU regulations. The document is particularly relevant when offering services or activities that carry inherent risks, requiring participants to acknowledge and accept these risks before proceeding. It incorporates specific provisions required under Maltese law, including consumer protection requirements and limitations on what liabilities can be legally waived. The template is structured to be adaptable across various sectors while maintaining its enforceability under Maltese jurisdiction, with careful consideration given to both local legal requirements and EU directives regarding consumer protection and unfair contract terms.

What sections should be included in a Liability Waiver?

1. Parties: Identification of the service provider/entity seeking the waiver and the individual/entity providing the waiver

2. Background: Context of the waiver, including the nature of activities or services covered

3. Definitions: Key terms used in the waiver, including specific activities, risks, and legal terminology

4. Scope of Waiver: Detailed description of what risks and liabilities are being waived

5. Acknowledgment of Risks: Explicit acknowledgment by the signing party of the risks involved

6. Release of Liability: The core waiver language releasing the provider from specific liabilities

7. Exceptions to Waiver: Clear statement of what cannot be waived under Maltese and EU law

8. Representations and Warranties: Statements by the signing party regarding their capacity and understanding

9. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Liability Waiver?

1. Medical Fitness Declaration: Required for activities involving physical exertion or risk

2. Parent/Guardian Consent: Required when the participant is a minor or protected person

3. Insurance Requirements: Details of any insurance requirements or recommendations

4. Emergency Contact Information: Optional section for high-risk activities requiring emergency contacts

5. Photographic Release: Optional waiver for use of photographs or videos

6. Data Protection Notice: Required if personal data will be collected and processed

7. Severability Clause: Optional clause ensuring remainder of waiver remains valid if parts are found unenforceable

What schedules should be included in a Liability Waiver?

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

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

3. Schedule C - Safety Procedures: Required safety procedures and protocols

4. Appendix 1 - Emergency Procedures: Emergency protocols and contact information

5. Appendix 2 - Equipment Requirements: List of required safety equipment or gear

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

Sports and Recreation

Tourism and Hospitality

Events and Entertainment

Adventure Tourism

Fitness and Wellness

Education and Training

Medical Services

Construction

Manufacturing

Transportation

Marine Activities

Professional Services

Relevant Teams

Legal

Risk Management

Operations

Compliance

Customer Service

Safety and Security

Events Management

Facilities Management

Business Development

Program Management

Relevant Roles

Legal Counsel

Risk Manager

Operations Director

Compliance Officer

Event Manager

Facility Manager

Safety Officer

Customer Service Manager

Business Owner

Program Coordinator

Sports Director

Training Manager

Tour Guide

Activities Coordinator

General Manager

Industries
Maltese Civil Code (Chapter 16): Primary legislation governing contractual relationships in Malta, including formation, validity, and enforcement of contracts
Consumer Affairs Act (Chapter 378): Regulates consumer protection and rights, including restrictions on unfair contract terms and liability limitations in consumer contracts
Unfair Contract Terms Regulations (S.L. 378.14): Implements EU Directive 93/13/EEC on unfair terms in consumer contracts, affecting the validity of liability waivers
Product Safety Act (Chapter 427): Relevant for liability waivers involving products or services, as it establishes mandatory safety standards that cannot be waived
Electronic Commerce Act (Chapter 426): Applicable if the liability waiver is to be executed electronically or as part of online services
EU General Data Protection Regulation (GDPR): Relevant if the liability waiver involves processing of personal data, as certain data protection responsibilities cannot be waived
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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