No Liability Agreement for Malaysia

No Liability Agreement Template for Malaysia

This document is a comprehensive No Liability Agreement governed by Malaysian law, designed to establish clear terms for disclaiming liability between parties engaged in specific activities or services. It incorporates key provisions compliant with the Malaysian Contracts Act 1950 and relevant consumer protection legislation, while clearly outlining the scope of liability limitations, risk acknowledgments, and parties' responsibilities. The agreement includes specific provisions for risk disclosure, acknowledgment of understanding, and voluntary acceptance of risks, all structured within the Malaysian legal framework.

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What is a No Liability Agreement?

The No Liability Agreement serves as a crucial legal instrument in Malaysian business operations where parties need to clearly establish risk allocation and liability disclaimers. This document is particularly relevant in situations involving inherent risks, such as recreational activities, professional services, or facility usage. It must comply with Malaysian contract law principles, including the Contracts Act 1950 and relevant consumer protection regulations. The agreement typically includes detailed sections on risk disclosure, acknowledgment of understanding, and voluntary acceptance of risks. It's essential for businesses operating in Malaysia who need to protect themselves while maintaining transparency with their clients or users about potential risks and limitations of liability.

What sections should be included in a No Liability Agreement?

1. Parties: Identifies and defines all parties to the agreement, including their full legal names, registration numbers (if applicable), and addresses

2. Background: Provides context for the agreement, explains the relationship between parties, and outlines the purpose of the no-liability arrangement

3. Definitions: Defines key terms used throughout the agreement to ensure clear interpretation

4. Scope of Agreement: Clearly defines the activities, services, or situations covered by the liability disclaimer

5. Liability Disclaimer: Core section detailing the specific liabilities being disclaimed and the extent of the disclaimer

6. Acknowledgment of Risk: Statement confirming that all parties understand and accept the risks involved

7. Representations and Warranties: Statements about the parties' understanding of the agreement and capacity to enter into it

8. Duration and Termination: Specifies how long the agreement remains in effect and how it can be terminated

9. Governing Law: Confirms Malaysian law as governing law and specifies jurisdiction for disputes

10. Entire Agreement: Confirms that this document represents the complete agreement between parties

11. Severability: Ensures that if any provision is found invalid, the rest of the agreement remains enforceable

What sections are optional to include in a No Liability Agreement?

1. Insurance: Include when parties need to maintain specific insurance coverage despite the liability disclaimer

2. Indemnification: Include when one party agrees to indemnify the other for third-party claims

3. Confidentiality: Include when sensitive information will be exchanged during the course of activities

4. Assignment: Include when there's a need to restrict or permit the transfer of rights under the agreement

5. Force Majeure: Include when needing to address circumstances beyond parties' control

6. Notices: Include when formal communication procedures need to be established

7. Dispute Resolution: Include when specific dispute resolution procedures (mediation/arbitration) are desired

What schedules should be included in a No Liability Agreement?

1. Schedule A - Specific Activities: Detailed list of activities or services covered by the liability disclaimer

2. Schedule B - Specific Risks: Comprehensive list of risks being acknowledged and disclaimed

3. Schedule C - Safety Procedures: Optional schedule detailing any safety measures or procedures that must be followed

4. Schedule D - Insurance Requirements: Details of any required insurance coverage (if applicable)

5. Appendix 1 - Signing Authority: Documentation proving authority of signatories (especially for corporate entities)

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

Sports and Recreation

Entertainment

Adventure Tourism

Fitness and Wellness

Events Management

Property Management

Construction

Manufacturing

Education and Training

Healthcare

Technology Services

Professional Services

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Business Development

Contract Administration

Health and Safety

Customer Relations

Corporate Governance

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Director

Facility Manager

Business Development Manager

Contract Administrator

Safety Officer

General Manager

Chief Operating Officer

Company Secretary

Customer Relations Manager

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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