The Customer Liability Waiver serves as a critical risk management tool for businesses operating in Malaysia that offer services or activities with inherent risks. This document is essential when businesses need to protect themselves from potential legal claims while ensuring compliance with Malaysian law, including the Contracts Act 1950 and Consumer Protection Act 1999. The waiver should be used before customers participate in any activity or receive any service where there are foreseeable risks, clearly outlining these risks and obtaining informed consent from participants. While the document provides important legal protection, it must be carefully drafted to ensure it doesn't contravene Malaysian consumer protection laws or attempt to waive non-waivable rights. The waiver typically includes detailed risk acknowledgments, liability limitations, and specific activity descriptions, while maintaining fairness and transparency in the business-customer relationship.
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1. Parties: Identifies the business/service provider and the customer, including full legal names and relevant contact details
2. Background: Explains the context of the relationship between the parties and the purpose of the waiver
3. Definitions: Defines key terms used throughout the document to ensure clarity and prevent misinterpretation
4. Scope of Activities: Clearly outlines the specific activities, services, or products covered by the waiver
5. Acknowledgment of Risks: Details the risks that the customer acknowledges and understands
6. Waiver of Liability: Core section specifying what liability is being waived and to what extent
7. Indemnification: Customer's agreement to indemnify the business against certain claims
8. Exceptions to Waiver: Clearly states what cannot be waived under Malaysian law, such as gross negligence or willful misconduct
9. Governing Law: Specifies that Malaysian law governs the waiver and its interpretation
10. Severability: Ensures that if any provision is found invalid, the rest of the waiver remains in effect
11. Declaration and Signature: Customer's confirmation of understanding and acceptance, with signature blocks
1. Medical Conditions: For activity-based waivers, section for customers to disclose relevant medical conditions
2. Emergency Contact: For high-risk activities, section for emergency contact information
3. Insurance Requirements: When specific insurance coverage is required or recommended
4. Photo/Video Release: When the activity might involve photography or video recording
5. Equipment Usage: For activities involving equipment use, specific terms regarding equipment handling and responsibility
6. Dispute Resolution: Optional alternative dispute resolution procedures before court proceedings
7. Term and Termination: For ongoing activities or memberships, specifying duration and termination conditions
1. Schedule A - Activity Description: Detailed description of activities or services covered by the waiver
2. Schedule B - Safety Procedures: Specific safety procedures and protocols that must be followed
3. Schedule C - Equipment List: List of equipment provided or required, with safety specifications if applicable
4. Appendix 1 - Risk Disclosure: Comprehensive list of potential risks associated with the activities
5. Appendix 2 - Emergency Procedures: Detailed emergency procedures and protocols
6. Appendix 3 - Facility Rules: If applicable, specific rules and regulations for facility usage
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Adventure Tourism
Fitness and Wellness
Entertainment
Education and Training
Equipment Rental
Medical Services
Personal Services
Hospitality
Transport and Logistics
Event Management
Retail
Relevant Teams
Legal
Risk Management
Operations
Customer Service
Compliance
Safety and Security
Training and Development
Event Operations
Client Relations
Business Development
Quality Assurance
Relevant Roles
Legal Counsel
Risk Manager
Operations Manager
Customer Service Manager
Compliance Officer
Business Owner
Facility Manager
Safety Officer
Program Director
Training Coordinator
Events Manager
General Manager
Sports Instructor
Activity Coordinator
Medical Services Director
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