The Disclaimer Waiver And Release is a crucial legal instrument used in the United Arab Emirates to manage risk and liability in various business and personal contexts. This document is essential when one party needs to be released from potential liability by another party, typically in situations involving inherent risks or voluntary participation in activities. The agreement must comply with UAE Civil Code (Federal Law No. 5 of 1985) and related federal laws, while respecting Sharia principles. It's commonly used in recreational activities, professional services, educational programs, and business operations where clear documentation of risk acknowledgment and liability release is necessary. The document includes comprehensive details about specific risks, clear waiver language, and explicit releases, all structured to be enforceable under UAE law.
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1. Parties: Identification of all parties involved in the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the waiver and release
3. Definitions: Clear definitions of key terms used throughout the document, including 'Release', 'Claims', 'Liability', etc.
4. Acknowledgment of Risks: Explicit acknowledgment of all known risks and potential hazards by the releasing party
5. Waiver and Release: Core section detailing the specific rights, claims, and legal actions being waived and released
6. Scope of Release: Detailed description of what is covered by the release, including temporal and geographic limitations
7. Representations and Warranties: Statements by the releasing party about their capacity, understanding, and voluntary nature of the release
8. Indemnification: Provisions regarding the releasing party's obligation to indemnify the released party
9. Governing Law and Jurisdiction: Specification of UAE law as governing law and designation of jurisdiction for disputes
10. Execution: Formal execution requirements including signature blocks and witness provisions
1. Medical Release: Additional provisions for releasing medical-related liability, used when physical activities or medical risks are involved
2. Intellectual Property Rights: Used when the release involves content, media, or intellectual property
3. Insurance: Details about insurance requirements and coverage, used in high-risk activities or business contexts
4. Severability: Provision ensuring that if any part of the release is found invalid, the rest remains enforceable
5. Emergency Contact Information: Used for activities or situations where emergency contacts might be needed
6. Confidentiality: Used when the release involves confidential information or trade secrets
7. Photography and Media Release: Used when the release includes permission for photography or media usage
8. Parent/Guardian Consent: Required when the releasing party is a minor under UAE law
1. Schedule A - Description of Activities: Detailed list of specific activities or services covered by the release
2. Schedule B - Specific Risks: Comprehensive list of specific risks and hazards being acknowledged
3. Schedule C - Equipment and Facilities: List of equipment, facilities, or property involved in the activities
4. Schedule D - Medical Information: Required medical information or health declarations, if applicable
5. Appendix 1 - Safety Procedures: Documentation of safety procedures and protocols
6. Appendix 2 - Emergency Procedures: Emergency response procedures and contact information
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