An Indemnity Waiver is a critical legal document used across various sectors in Canada to manage risk and liability exposure. This document is essential when activities or services involve inherent risks and where parties seek to clearly define and allocate responsibility for potential injuries, damages, or losses. The waiver must comply with Canadian federal and provincial regulations, including specific requirements for enforceability such as clear language, proper disclosure of risks, and appropriate execution procedures. It's particularly relevant in situations involving recreational activities, professional services, property use, or any scenario where participants voluntarily engage in activities with known risks. The document typically includes comprehensive risk disclosure, explicit waiver language, and indemnification provisions, all structured to meet the stringent requirements of Canadian courts regarding the enforceability of liability waivers.
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1. Parties: Identification of the party providing the waiver (Releasor) and the party being released from liability (Releasee)
2. Background: Context of the waiver, including the activity or circumstances for which liability is being waived
3. Definitions: Clear definitions of key terms used in the waiver, including 'Claims', 'Activities', 'Liability', and 'Losses'
4. Acknowledgment of Risks: Detailed description of the risks, dangers, and hazards associated with the activities
5. Assumption of Risks: Express statement that the Releasor voluntarily assumes all risks associated with the activities
6. Waiver and Release: Core waiver language releasing the Releasee from all claims and liability
7. Indemnification: Agreement by the Releasor to indemnify and hold harmless the Releasee
8. No Representations: Acknowledgment that no representations or inducements have been made
9. Severability: Provision stating that if any portion of the waiver is invalid, the remainder continues in effect
10. Governing Law: Specification of applicable Canadian jurisdiction and governing law
11. Acknowledgment of Understanding: Confirmation that the Releasor has read, understood, and voluntarily agrees to the waiver
12. Execution: Signature blocks, date, and witness provisions
1. Medical Authorization: Authorization for emergency medical treatment, used when activities may involve risk of injury
2. Photography Release: Permission to use photographs or videos, included when activities may be documented
3. Parental Consent: Additional section required when the participant is a minor
4. Insurance Acknowledgment: Confirmation of insurance coverage or lack thereof, used for high-risk activities
5. COVID-19 Provisions: Specific provisions related to pandemic risks and health protocols, used during public health concerns
6. Equipment Usage: Specific provisions related to use of equipment or facilities, included when relevant to the activity
7. Confidentiality: Provisions regarding confidential information, used in business or sensitive contexts
8. Term and Termination: Duration of the waiver and circumstances for termination, used for ongoing activities
1. Schedule A - Description of Activities: Detailed list and description of activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule C - Safety Protocols: Required safety procedures and protocols for participation
4. Schedule D - Emergency Contacts: List of emergency contact information and procedures
5. Schedule E - Medical Information: Relevant medical information form for completion by participant
6. Schedule F - Equipment List: List of required or prohibited equipment for the activities
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Education
Entertainment
Tourism
Healthcare
Fitness and Wellness
Real Estate
Professional Services
Hospitality
Adventure Tourism
Construction
Manufacturing
Retail
Transportation
Event Management
Relevant Teams
Legal
Risk Management
Operations
Compliance
Customer Service
Safety and Security
Facilities Management
Event Management
Human Resources
Business Development
Quality Assurance
Administrative Services
Client Relations
Property Management
Relevant Roles
Risk Manager
Legal Counsel
Operations Director
Facility Manager
Event Coordinator
Safety Officer
Business Owner
Program Director
Athletic Director
Property Manager
Compliance Officer
Customer Service Manager
Recreation Coordinator
Human Resources Director
Contract Administrator
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