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Waiver And Indemnity Agreement
"I need a Waiver and Indemnity Agreement for my outdoor adventure company in Queensland that offers rock climbing and abseiling activities, with specific clauses covering equipment usage and emergency medical treatment."
1. Parties: Identifies and defines all parties to the agreement, including the party providing the waiver and indemnity (Indemnifier) and the party receiving it (Indemnified Party)
2. Background: Explains the context and purpose of the agreement, including the activity or relationship giving rise to the need for the waiver and indemnity
3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Losses', 'Liability', 'Indemnified Parties', and any activity-specific terms
4. Acknowledgment of Risks: Details the risks being acknowledged by the indemnifying party, including inherent risks of the activity or relationship
5. Waiver Provisions: Specifies the rights, claims, and causes of action being waived, including the scope and extent of the waiver
6. Indemnification Obligations: Details the specific indemnification obligations, including what losses are covered and the process for claiming indemnification
7. Release: Formal release of liability for specified claims or potential claims
8. Representations and Warranties: Statements by the indemnifying party about their capacity to enter the agreement and understanding of its implications
9. Term and Survival: Specifies how long the agreement remains in effect and which provisions survive termination
10. Governing Law and Jurisdiction: Specifies that Australian law governs and nominates the relevant jurisdiction for disputes
11. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Insurance Requirements: Required when the indemnifying party must maintain specific insurance coverage as part of the arrangement
2. Parent/Guardian Consent: Required when the indemnifying party is a minor or requires guardian consent
3. Special Risks Acknowledgment: Used when there are specific high-risk activities that need separate acknowledgment
4. Medical Release: Required for activities involving physical risk where emergency medical treatment might be needed
5. Confidentiality: Include when the arrangement involves access to confidential information
6. Photo/Media Release: Used when the activity might involve photography or media recording
7. Dispute Resolution: Optional detailed procedures for handling disputes before litigation
8. Force Majeure: Include when external events could affect the activities covered by the waiver
1. Schedule A - Description of Activities: Detailed description of activities or services covered by the waiver and indemnity
2. Schedule B - Specific Risks: Comprehensive list of specific risks being acknowledged and waived
3. Schedule C - Indemnified Parties: List of all additional parties covered by the indemnification (e.g., employees, contractors, affiliates)
4. Schedule D - Insurance Requirements: Detailed insurance requirements including types of coverage and minimum amounts
5. Appendix 1 - Safety Procedures: Safety procedures and protocols relevant to the activities (if applicable)
6. Appendix 2 - Emergency Contacts: Emergency contact information and procedures (if applicable)
Authors
Activities
Approved Purpose
Associated Entities
Claim
Consequential Loss
Effective Date
Emergency Contact
Governing Law
Guardian
Indemnified Parties
Indemnifier
Liability
Loss
Medical Treatment
Minor
Participant
Personal Information
Personnel
Premises
Related Bodies Corporate
Release
Representatives
Risk Disclosure
Services
Term
Third Party Claims
Waiver Period
Waived Rights
Inherent Risks
Risk Acknowledgment
Waiver of Rights
Release of Liability
Indemnification
Insurance
Medical Authorization
Voluntary Participation
Capacity to Contract
Assumption of Risk
Emergency Procedures
Representation and Warranties
Parent/Guardian Consent
Safety Compliance
Term and Termination
Survival
Dispute Resolution
Governing Law
Severability
Entire Agreement
Amendment
Force Majeure
Notice
Assignment
Relationship of Parties
Sports and Recreation
Education
Tourism and Hospitality
Entertainment
Fitness and Wellness
Adventure Sports
Property Management
Event Management
Healthcare
Construction
Professional Services
Retail
Transport and Logistics
Community Services
Manufacturing
Legal
Risk Management
Operations
Compliance
Health and Safety
Administration
Event Management
Human Resources
Insurance
Customer Service
Facilities Management
Program Management
Corporate Services
Business Development
Contract Management
Legal Counsel
Risk Manager
Operations Manager
Compliance Officer
Business Owner
Facility Manager
Event Coordinator
Safety Officer
Program Director
Contract Administrator
General Manager
Recreation Coordinator
Human Resources Manager
Insurance Manager
Company Secretary
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