This Negligence Waiver is designed for use in the United Arab Emirates where businesses and organizations need to manage their liability exposure while operating within the constraints of UAE law. The document is particularly relevant when activities or services involve inherent risks that need to be acknowledged and accepted by participants or service recipients. It includes specific provisions required under UAE Civil Code (Federal Law No. 5 of 1985) and related legislation, ensuring that while ordinary negligence liability can be waived, fundamental protections regarding gross negligence, fraud, and willful misconduct are preserved. The waiver typically details the scope of activities covered, specific risks involved, and clear acknowledgments from the releasing party, while incorporating necessary safeguards and compliance elements required under UAE law.
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1. Parties: Identifies and defines all parties to the waiver, including full legal names and contact details
2. Background: Explains the context and purpose of the waiver, including the relationship between the parties
3. Definitions: Defines key terms used throughout the document, including 'Negligence', 'Activities', and 'Liability'
4. Scope of Activities: Clearly describes the activities, services, or circumstances covered by the waiver
5. Acknowledgment of Risks: Details the risks associated with the activities that the releasing party acknowledges and understands
6. Waiver and Release: The core waiver language releasing the party from liability, with explicit mention of what is and isn't covered under UAE law
7. Exceptions to Waiver: Clearly states that the waiver does not apply to gross negligence, fraud, or willful misconduct as per UAE law
8. Representations and Warranties: Statements by the releasing party confirming their understanding and voluntary acceptance of the waiver
9. Governing Law and Jurisdiction: Specifies UAE law as governing law and designates jurisdiction for disputes
10. Entire Agreement: Confirms that the document represents the complete understanding between the parties regarding the waiver
1. Medical Release: Required when activities involve physical risk or potential need for medical treatment
2. Parent/Guardian Consent: Required when the releasing party is a minor under UAE law
3. Insurance Provisions: Used when specific insurance requirements need to be addressed
4. Survival Clause: Added when certain provisions need to survive the termination of the agreement
5. Severability: Optional clause stating that if any provision is found invalid, the remainder of the waiver remains in effect
6. Photography/Media Release: Added when activities may involve photography or media recording
7. Translation Clause: Required when the waiver is provided in multiple languages, specifying which version prevails
8. Term and Termination: Added when the waiver applies to ongoing activities rather than a one-time event
1. Schedule A - Description of Activities: Detailed description of all activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule C - Safety Procedures: Details of safety procedures and protocols that will be followed
4. Schedule D - Emergency Contacts: List of emergency contacts and procedures in case of accidents
5. Appendix 1 - Proof of Insurance: Copies of relevant insurance certificates if required
6. Appendix 2 - Medical Information: Medical information form for activities requiring medical disclosure
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Adventure Tourism
Healthcare
Education
Professional Services
Construction
Entertainment
Fitness and Wellness
Real Estate
Transportation
Events Management
Manufacturing
Retail
Hospitality
Relevant Teams
Legal
Risk Management
Compliance
Operations
Health and Safety
Corporate Governance
Human Resources
Commercial
Customer Relations
Facilities Management
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Operations Manager
Facility Manager
Event Coordinator
Safety Officer
Business Owner
Managing Director
Corporate Secretary
HR Manager
Commercial Director
General Manager
Chief Operating Officer
Director of Operations
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