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Release And Waiver Of Liability Form

Release And Waiver Of Liability Form Template for Malaysia

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Key Requirements PROMPT example:

Release And Waiver Of Liability Form

"I need a Release and Waiver of Liability Form for my new rock climbing facility in Kuala Lumpur, which will open in March 2025, that specifically covers both indoor climbing activities and outdoor guided climbing sessions, including equipment rental."

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Document background
The Release And Waiver Of Liability Form is a crucial legal document used in Malaysia when individuals participate in activities that carry inherent risks. This document serves as a risk management tool for businesses and organizations, requiring participants to acknowledge potential risks and waive their right to legal action for ordinary negligence. The form must comply with Malaysian legislation, including the Contracts Act 1950, Civil Law Act 1956, and Consumer Protection Act 1999. It's commonly used in recreational facilities, educational institutions, event venues, and various other settings where activities might pose risks to participants. The document typically includes comprehensive details about specific risks, emergency procedures, and the scope of the waiver, while ensuring all terms are fair and reasonable under Malaysian law.
Suggested Sections

1. Parties: Identification of the parties: the Releasor (person signing the waiver) and the Releasee (person/organization being released from liability)

2. Background: Brief context explaining the purpose of the waiver and the relationship between the parties

3. Definitions: Key terms used in the document including 'Activities', 'Claims', 'Liability', and other relevant terms

4. Acknowledgment of Risks: Detailed acknowledgment of the risks and dangers associated with the activities

5. Waiver and Release: Core section stating the release from liability and specific rights being waived

6. Indemnification: Agreement to indemnify the Releasee against any claims arising from the activities

7. Governing Law: Specification that Malaysian law governs the agreement

8. Declaration: Statement that the Releasor has read and understood the document

9. Execution: Signature block with date and witness requirements

Optional Sections

1. Medical Authorization: Authorization for emergency medical treatment if needed during activities

2. Media Release: Permission to use photographs or recordings of the participant during activities

3. Insurance Declaration: Acknowledgment of insurance coverage or lack thereof

4. Parent/Guardian Consent: Required when the participant is under 18 years old

5. Covid-19/Health Declaration: Specific health-related acknowledgments and waivers

6. Severability Clause: Provision stating that if any part of the waiver is found invalid, the rest remains in effect

Suggested Schedules

1. Schedule A - Description of Activities: Detailed list of activities covered by the waiver

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

3. Appendix 1 - Safety Guidelines: Safety rules and procedures that must be followed during activities

4. Appendix 2 - Emergency Contact Form: Emergency contact information for the participant

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

Education

Entertainment

Tourism and Hospitality

Adventure Sports

Fitness and Wellness

Medical and Healthcare

Events and Conferences

Transportation

Manufacturing

Construction

Research and Development

Relevant Teams

Legal

Risk Management

Operations

Customer Service

Safety and Compliance

Administration

Human Resources

Guest Relations

Event Management

Program Management

Relevant Roles

Legal Counsel

Risk Manager

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Compliance Officer

Customer Service Manager

Business Owner

Recreation Director

Program Administrator

Sports Coordinator

Training Manager

Human Resources Director

Industries
Contracts Act 1950: Primary legislation governing the formation and enforcement of contracts in Malaysia, including requirements for valid contracts such as offer, acceptance, consideration, and capacity to contract
Civil Law Act 1956: Regulates civil liability and provides framework for civil proceedings, including provisions related to negligence and liability limitations
Consumer Protection Act 1999: Protects consumer rights and regulates unfair contract terms, ensuring that liability waivers don't unfairly exclude basic consumer rights
Age of Majority Act 1971: Defines the legal age of majority (18 years) for entering into contracts, relevant for ensuring the waiver is signed by someone with legal capacity
Limitation Act 1953: Sets time limits for bringing legal actions, which may affect the duration and enforcement of liability waivers
Electronic Commerce Act 2006: Relevant if the waiver form will be executed electronically, governing the validity of electronic signatures and records
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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