Standard Liability Waiver Template for Switzerland

The Standard Liability Waiver serves as a crucial legal instrument for businesses and organizations operating in Switzerland that need to manage their liability exposure while providing services or activities with inherent risks. This document is essential for protecting service providers while ensuring transparency and fairness for participants under Swiss law. The waiver addresses key aspects including risk acknowledgment, liability limitations, and mandatory exceptions required by Swiss legislation. It's particularly valuable for activities ranging from sports and recreation to professional services, where participants need to understand and accept certain risks. The document maintains compliance with the Swiss Code of Obligations and related regulations while providing clear terms for all parties involved.

1. Parties: Identification of the parties involved - the party providing the waiver (releasor) and the party being released from liability (releasee)

2. Background: Context of the waiver, including the activity or circumstance for which liability is being waived

3. Definitions: Clear definitions of key terms used in the waiver, including specific activities, risks, and types of liability covered

4. Acknowledgment of Risks: Explicit acknowledgment of the risks involved in the activity by the releasor

5. Waiver and Release: Core section detailing the specific liabilities being waived and released

6. Exceptions to Waiver: Mandatory section under Swiss law specifying what cannot be waived (gross negligence, willful misconduct)

7. Representations and Warranties: Statements by the releasor regarding their capacity, understanding, and voluntary acceptance

8. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of jurisdiction for disputes

9. Entire Agreement: Statement that the waiver constitutes the entire agreement between parties regarding the subject matter