The Waiver of Liability and Hold Harmless Agreement serves as a risk management tool widely used across various industries in the United States. This document is essential when organizations or individuals offer activities or services that carry inherent risks. It provides protection by obtaining participants' informed consent and agreement not to hold the provider liable for standard risks and negligence (though not gross negligence or willful misconduct). The agreement's enforceability varies by state, and it must be carefully drafted to comply with local laws and court precedents.
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1. Parties: Identification of all parties involved in the agreement
2. Background: Context and purpose of the waiver agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Waiver: Specific activities and risks covered by the waiver
5. Release of Liability: Core waiver language releasing liability
6. Hold Harmless Provision: Agreement to indemnify and hold harmless
7. Acknowledgment of Understanding: Confirmation that signer understands the agreement
8. Governing Law: Applicable jurisdiction and law
9. Signature Block: Execution provisions and date
1. Medical Authorization: Permission for emergency medical treatment - include for activities with risk of injury
2. Photo/Video Release: Permission to use images/recordings - include when media capture is involved
3. Insurance Provisions: Details about required insurance coverage - include for high-risk activities
4. Parental Consent: Additional provisions for minors - include when participants include minors
1. Schedule of Activities: Detailed list of covered activities and associated risks
2. Safety Procedures: Required safety protocols and procedures
3. Emergency Contacts: List of emergency contact information
Relevant legal definitions
Clauses
Acknowledgment of Risks
Release of Liability
Hold Harmless
Indemnification
Assumption of Risk
Emergency Medical Authorization
Severability
Governing Law
Entire Agreement
Voluntary Participation
Photo/Video Release
Insurance
Health and Safety
Force Majeure
Binding Effect
Modification
Venue Selection
Parental Consent
Term and Termination
Survival
Release of Liability
Hold Harmless
Indemnification
Assumption of Risk
Emergency Medical Authorization
Severability
Governing Law
Entire Agreement
Voluntary Participation
Photo/Video Release
Insurance
Health and Safety
Force Majeure
Binding Effect
Modification
Venue Selection
Parental Consent
Term and Termination
Survival
Relevant Industries
Relevant Teams
Relevant Roles
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