The Waiver And Indemnity Agreement is a crucial risk management tool widely used in Canadian business and recreational contexts. This document is essential when activities or services involve inherent risks, or when one party needs protection from potential claims while requiring indemnification against third-party claims. It must be drafted in compliance with Canadian federal and provincial legislation, including various Consumer Protection Acts and Occupiers' Liability Acts. The agreement typically includes detailed risk acknowledgments, explicit waiver provisions, indemnification obligations, and may require additional schedules depending on the specific activity or service involved. Special consideration must be given to the strict interpretation approach taken by Canadian courts regarding waiver clauses, particularly in consumer contexts.
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1. Parties: Identifies and defines all parties to the agreement, including the releasor (person giving the waiver) and releasee (person/entity being protected)
2. Background: Explains the context and purpose of the agreement, including the activity or relationship giving rise to the need for the waiver
3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Losses', 'Released Parties', and specific activity-related terms
4. Acknowledgment of Risks: Clearly outlines all potential risks and dangers associated with the activity or relationship
5. Waiver and Release: Core section detailing the specific rights being waived and claims being released
6. Indemnification: Specifies the indemnification obligations, including scope and circumstances
7. Representations and Warranties: Statements confirming the party's capacity, understanding, and voluntary acceptance of terms
8. General Provisions: Standard clauses including governing law, severability, and entire agreement provisions
1. Insurance: Details insurance requirements and obligations - include when specific insurance coverage is required by either party
2. Term and Termination: Include when the waiver needs to be time-bound or when termination rights need to be specified
3. Exclusions: Specific exclusions from the waiver - include when certain risks or claims need to be explicitly excluded
4. Medical Authorization: Include for activities involving physical risk where emergency medical treatment might be needed
5. Photo/Video Release: Include when the activity might involve photography or video recording
6. Parent/Guardian Consent: Required when the agreement involves minors or individuals lacking legal capacity
7. Dispute Resolution: Include when specific dispute resolution mechanisms (mediation/arbitration) are desired
1. Schedule A - Description of Activities: Detailed description of activities or services covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule C - Safety Procedures: Outline of safety procedures and protocols that must be followed
4. Appendix 1 - Emergency Contact Form: Emergency contact information for the releasor
5. Appendix 2 - Medical Information Form: Relevant medical information and conditions (if applicable)
6. Appendix 3 - Equipment List: List of equipment or gear required/provided for the activity (if applicable)
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