Contractor Waiver Of Liability Form for Malaysia

Contractor Waiver Of Liability Form Template for Malaysia

A comprehensive legal document governed by Malaysian law that establishes a waiver of liability between a contractor and a company/principal. This document outlines the specific rights, claims, and remedies being waived by the contractor while performing services, subject to Malaysian statutory limitations. It includes provisions for risk allocation, acknowledgment of understanding, and clear delineation of non-waivable rights under Malaysian legislation, particularly the Contracts Act 1950 and relevant employment and safety regulations. The document serves to protect the principal while ensuring compliance with Malaysian legal requirements regarding liability limitations.

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What is a Contractor Waiver Of Liability Form?

The Contractor Waiver Of Liability Form is essential for businesses operating in Malaysia that engage independent contractors for various services. This document is specifically designed to comply with Malaysian legal requirements, including the Contracts Act 1950, Employment Act 1955, and Occupational Safety and Health Act 1994. It should be used whenever engaging contractors for services that may involve potential risks or liabilities, providing clear documentation of the agreed-upon waiver of certain legal rights and claims. The form includes crucial elements such as party identification, scope of services, specific liabilities being waived, and non-waivable statutory rights. It's particularly important in high-risk industries or when contractors perform specialized services where clear liability boundaries need to be established.

What sections should be included in a Contractor Waiver Of Liability Form?

1. Parties: Identification of the contractor and the company/individual obtaining the waiver, including full legal names, registration numbers or identification numbers, and addresses

2. Background: Brief context of the contractor relationship and purpose of the waiver

3. Definitions: Definitions of key terms used in the document, including 'Services', 'Liability', 'Claims', and other relevant terms

4. Scope of Services: Description of the contractor services covered by the waiver

5. Waiver Declarations: Express statements of the rights, claims, and remedies being waived by the contractor

6. Exceptions to Waiver: Clear statement of what cannot be waived under Malaysian law, including statutory rights and gross negligence

7. Acknowledgment: Contractor's acknowledgment of understanding the waiver and its implications

8. Governing Law: Specification that Malaysian law governs the waiver

9. Execution: Signature blocks for all parties and witnesses

What sections are optional to include in a Contractor Waiver Of Liability Form?

1. Insurance: Details of any insurance requirements or coverage - include when the contractor is required to maintain specific insurance

2. Indemnification: Additional indemnification provisions - include for high-risk activities or when required by industry standards

3. Term and Survival: Duration of the waiver and which provisions survive termination - include for long-term contractor relationships

4. Dispute Resolution: Specific procedures for handling disputes - include when alternative dispute resolution is preferred

5. Severability: Provision for partial invalidity - include in complex waivers or when covering multiple types of liability

6. Language Declaration: Declaration that the document was understood in the chosen language - include when the contractor's first language is not English

What schedules should be included in a Contractor Waiver Of Liability Form?

1. Schedule A - Description of Services: Detailed description of the contractor's services and activities covered by the waiver

2. Schedule B - Specific Risks: Enumeration of specific risks and hazards associated with the services being provided

3. Schedule C - Safety Procedures: Required safety procedures and protocols the contractor must follow

4. Appendix 1 - Insurance Requirements: Detailed insurance requirements including types of coverage and minimum amounts

5. Appendix 2 - Emergency Procedures: Emergency contact information and procedures to follow in case of accidents or incidents

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Relevant Industries

Construction

Engineering

Information Technology

Manufacturing

Oil and Gas

Property Development

Facilities Management

Professional Services

Mining

Logistics

Telecommunications

Industrial Services

Relevant Teams

Legal

Human Resources

Procurement

Operations

Risk Management

Compliance

Facilities Management

Contract Administration

Health and Safety

Project Management

Relevant Roles

Legal Counsel

HR Manager

Procurement Manager

Project Manager

Operations Director

Risk Manager

Compliance Officer

Facilities Manager

Contract Administrator

Safety Officer

Site Supervisor

Department Head

General Manager

Chief Operating Officer

Industries
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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