Disclaimer Waiver Template for Switzerland

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Key Requirements PROMPT example:

Disclaimer Waiver

"I need a Disclaimer Waiver for my adventure sports company based in Geneva, covering high-risk activities like rock climbing and paragliding, with specific provisions for equipment usage and emergency medical consent."

Document background
The Disclaimer Waiver serves as a critical risk management tool under Swiss law, commonly utilized across various business and recreational activities. This document type is essential when one party needs to clearly communicate risks and obtain acknowledgment from another party regarding the assumption of these risks. The waiver must be drafted in compliance with Swiss legal requirements, particularly the Swiss Code of Obligations and consumer protection regulations. While Disclaimer Waivers can limit liability, Swiss law places specific restrictions on the extent of such limitations, especially in consumer contracts. The document typically includes comprehensive risk disclosures, clear acknowledgments, and specific provisions that align with Swiss mandatory laws that cannot be waived.
Suggested Sections

1. Parties: Identification of the party providing the waiver and the party benefiting from it

2. Background: Context of the waiver, including the activity or situation to which it relates

3. Definitions: Key terms used in the waiver, ensuring clarity and preventing misinterpretation

4. Scope of Waiver: Detailed description of the rights being waived and the extent of the waiver

5. Acknowledgment of Risks: Express acknowledgment of the risks involved and confirmation of understanding

6. Representations and Warranties: Statements confirming the person's capacity to give the waiver and understanding of its implications

7. Governing Law and Jurisdiction: Explicit statement of Swiss law application and jurisdiction

8. Severability: Provision ensuring remainder of waiver remains valid if any part is found unenforceable

9. Entire Agreement: Confirmation that the waiver represents the complete understanding between parties

Optional Sections

1. Duration: Temporal scope of the waiver - include when the waiver is time-limited rather than indefinite

2. Insurance: Insurance-related provisions - include when specific insurance requirements exist

3. Medical Release: Medical-related provisions - include for activities involving physical risks

4. Parent/Guardian Consent: Consent provisions for minors - include when the waiver may involve minors

5. Photography/Media Release: Media usage rights - include when activities may involve photography or recording

6. Confidentiality: Confidentiality provisions - include when sensitive information is involved

7. Emergency Contact: Emergency contact information - include for high-risk activities

Suggested Schedules

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

2. Schedule 2 - Specific Risks: Comprehensive list of specific risks being acknowledged

3. Schedule 3 - Safety Procedures: Required safety procedures or protocols, if applicable

4. Appendix A - Emergency Procedures: Emergency protocols and procedures, particularly for high-risk activities

5. Appendix B - Contact Information Form: Template for collecting relevant contact information

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

Relevant Industries

Sports and Recreation

Education and Training

Healthcare

Professional Services

Tourism and Hospitality

Entertainment

Fitness and Wellness

Adventure Sports

Technology

Consulting

Research and Development

Events Management

Manufacturing

Retail

Transportation

Construction

Relevant Teams

Legal

Risk Management

Compliance

Operations

Customer Service

Human Resources

Safety and Security

Business Development

Contract Administration

Corporate Governance

Facilities Management

Event Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Business Owner

Program Director

Athletic Director

Training Coordinator

Customer Service Manager

General Manager

Contract Administrator

Human Resources Manager

Corporate Secretary

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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