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Basic Liability Waiver

Basic Liability Waiver Template for Switzerland

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Key Requirements PROMPT example:

Basic Liability Waiver

"I need a Basic Liability Waiver for my rock climbing facility in Zurich, which should cover equipment usage, climbing activities, and include specific provisions for both adult participants and minors with parental consent."

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Document background
The Basic Liability Waiver is a fundamental legal document used in Switzerland to establish clear boundaries of liability between parties engaged in various activities or services. This document is essential when one party wishes to be released from potential liability claims arising from specified activities or services, while complying with Swiss legal requirements. The waiver must be carefully drafted to respect Swiss law limitations, particularly the Swiss Code of Obligations' restrictions on waiving liability for gross negligence and intentional acts. It's commonly used in recreational activities, professional services, and business operations where risk management is crucial. The document includes party identification, activity description, explicit waiver language, and necessary legal limitations, making it suitable for both business-to-business and business-to-consumer relationships in Switzerland.
Suggested Sections

1. Parties: Identification of all parties involved, including full legal names and addresses

2. Background: Brief context explaining the purpose and circumstances of the liability waiver

3. Definitions: Clear definitions of key terms used throughout the waiver

4. Scope of Activities: Detailed description of activities, services, or situations covered by the waiver

5. Waiver Declaration: Express statement of the liability being waived, acknowledging understanding of rights being given up

6. Limitations of Waiver: Explicit statement of what cannot be waived under Swiss law (gross negligence, intentional acts)

7. Representations and Warranties: Statements by the signing party acknowledging understanding of risks and voluntary acceptance

8. Severability: Clause ensuring remainder of waiver remains valid if any portion is found unenforceable

9. Governing Law: Specification of Swiss law as governing law and jurisdiction

10. Signatures: Execution block with date and signatures of all parties

Optional Sections

1. Duration: Specify time period of waiver - include when waiver is for a specific time period rather than indefinite

2. Insurance: Insurance requirements and acknowledgments - include when specific insurance coverage is relevant

3. Medical Release: Authorization for emergency medical treatment - include for physical activities or events

4. Photo/Media Release: Permission for use of photos/videos - include when media capture is involved

5. Parent/Guardian Consent: Additional signature section for minors - include when participants may be under 18

6. Assumption of Risk: Detailed acknowledgment of specific risks - include for high-risk activities

7. Language Declaration: Confirmation of understanding in preferred language - include when waiver is presented to non-native speakers

Suggested Schedules

1. Schedule A - Activity Description: Detailed description of activities or services covered by the waiver

2. Schedule B - Specific Risks: Comprehensive list of risks associated with the activities

3. Schedule C - Safety Procedures: Overview of safety measures and procedures participants must follow

4. Appendix 1 - Emergency Contacts: Form for emergency contact information

5. Appendix 2 - Medical Information: Optional form for relevant medical information and conditions

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Sports and Recreation

Tourism

Education and Training

Entertainment

Fitness and Wellness

Adventure Sports

Corporate Events

Healthcare

Retail

Hospitality

Manufacturing

Professional Services

Relevant Teams

Legal

Risk Management

Operations

Compliance

Administrative

Customer Service

Event Management

Safety and Security

Training and Development

Business Development

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Event Coordinator

Facility Manager

Sports Instructor

Training Coordinator

Business Owner

Safety Officer

Customer Service Manager

Program Director

Recreation Supervisor

Administrative Manager

Contract Manager

Industries
Swiss Civil Code (ZGB) Art. 27: Protects against excessive contractual obligations and restrictions on personal rights - relevant for ensuring the waiver is not overly broad or unconscionable
Swiss Code of Obligations (OR) Art. 100: Regulates the exclusion and limitation of liability in contracts - prohibits waiver of liability for unlawful intent or gross negligence
Swiss Code of Obligations (OR) Art. 199: Addresses the exclusion of warranty and liability in sales contracts - relevant for any warranty-related aspects of the waiver
Swiss Code of Obligations (OR) Art. 8: Concerns the validity of general terms and conditions - ensures waiver terms are not unfairly disadvantageous to the signing party
Federal Act on Product Liability (PrHG): Limits the ability to waive liability for product-related damages - must be considered if the waiver involves products or services
Swiss Federal Act on Unfair Competition (UWG): Ensures fairness in commercial practices and contracts - relevant for business-to-consumer liability waivers
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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