Risk Waiver Template for Canada

This Risk Waiver is essential for Canadian businesses and organizations offering activities or services that carry inherent risks. The document is designed to comply with both federal and provincial Canadian legislation, including various provincial Occupiers' Liability Acts and Consumer Protection Acts. It should be used before allowing participants to engage in potentially risky activities, providing clear documentation of informed consent and risk acceptance. The waiver includes comprehensive risk disclosure, liability release provisions, and specific clauses required by Canadian courts for enforceability. It can be customized for various activities while maintaining its core legal protection functions and is particularly crucial for sports, recreation, and adventure tourism sectors.

1. Parties: Identification of the service provider/facility/organization offering the activity and the participant signing the waiver

2. Background: Brief description of the activity or service being offered and general purpose of the waiver

3. Definitions: Key terms used throughout the waiver, including 'Activities', 'Risks', 'Released Parties', etc.

4. Acknowledgment of Risks: Detailed description of inherent and potential risks associated with the activity

5. Voluntary Acceptance of Risks: Statement confirming participant's understanding and voluntary acceptance of all identified risks

6. Release of Liability: Core waiver language releasing the provider from liability for injuries, damages, or losses

7. Indemnification: Participant's agreement to indemnify the provider against claims arising from participation

8. Emergency Medical Authorization: Authorization for emergency medical treatment if needed

9. Governing Law: Specification that the waiver is governed by Canadian law and the applicable province

10. Severability: Clause stating that if any portion is found invalid, the remainder stays in effect

11. Acknowledgment of Understanding: Confirmation that the participant has read, understood, and agrees to the waiver terms

12. Execution: Signature blocks, date, and witness provisions if required