The Premises Liability Waiver serves as an essential risk management instrument for property owners and operators in Canada. This document is utilized when individuals need to access premises for various purposes, including but not limited to recreational activities, business operations, or event participation. The waiver addresses the requirements set forth by provincial occupiers' liability legislation and common law principles, particularly focusing on the duty of care owed to premises entrants. It includes comprehensive sections covering risk acknowledgment, assumption of risks, release of liability, and indemnification provisions. The document is designed to be compliant with Canadian provincial regulations while maintaining enforceability and fairness to all parties involved. It is particularly crucial in situations where there are inherent risks associated with the use of the premises or participation in specific activities.
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1. Parties: Identification of the property owner/operator ('Releasee') and the person entering the premises ('Releaser')
2. Background: Brief context explaining the purpose of the waiver and the nature of the premises/activities
3. Definitions: Clear definitions of key terms used throughout the waiver, including 'Premises', 'Activities', and 'Claims'
4. Acknowledgment of Risks: Detailed description of potential risks and hazards associated with entering and using the premises
5. Assumption of Risks: Statement that the releaser voluntarily assumes all risks associated with entering and using the premises
6. Waiver and Release: Core waiver language releasing the property owner from liability for injuries or damages
7. Indemnification: Releaser's agreement to indemnify the property owner against third-party claims
8. Emergency Medical Authorization: Authorization for emergency medical treatment if needed
9. Governing Law: Specification that the waiver is governed by the laws of the relevant Canadian province
10. Severability: Clause stating that if any portion is found invalid, the remainder remains in effect
11. Acknowledgment: Confirmation that the releaser has read, understood, and voluntarily agrees to the waiver terms
1. Parent/Guardian Consent: Required when the releaser is a minor or dependent adult
2. Medical Conditions: Section for disclosure of relevant medical conditions that may affect safety
3. Photography and Publicity: Consent for taking and using photographs or videos on the premises
4. COVID-19/Infectious Disease: Specific provisions related to infectious disease risks and protocols
5. Equipment Use: Additional terms regarding the use of specific equipment or facilities on the premises
6. Group Activities: Special provisions for group events or organized activities
7. Insurance Requirements: Specific insurance requirements for certain activities or user categories
1. Schedule A - Premises Description: Detailed description of the premises covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks and hazards associated with the premises
3. Schedule C - Rules and Regulations: Detailed safety rules and regulations for the premises
4. Schedule D - Emergency Procedures: Emergency protocols and contact information
5. Appendix 1 - Medical Information Form: Optional form for relevant medical information
6. Appendix 2 - Parent/Guardian Authorization Form: Required form for minors or dependent adults
Relevant legal definitions
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Relevant Industries
Real Estate
Sports and Recreation
Retail
Entertainment
Education
Healthcare
Hospitality
Event Management
Manufacturing
Warehousing
Fitness and Wellness
Tourism
Construction
Agriculture
Relevant Teams
Legal
Risk Management
Operations
Facilities Management
Health and Safety
Customer Service
Administration
Compliance
Property Management
Event Operations
Security
Relevant Roles
Risk Manager
Legal Counsel
Facility Manager
Operations Director
Safety Coordinator
Property Manager
Compliance Officer
Insurance Coordinator
Event Manager
Business Owner
General Manager
Health and Safety Officer
Customer Service Manager
Administrative Director
Corporate Secretary
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